2013 QCCQ 14458, 2013 QCCQ 14458

Protection de la jeunesse — 135070 2013 QCCQ 14458 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO: 640-41-000425-006 DATE: September 17, 2013 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth protection of the A Board of Health and Social Services A PETITIONER AND X Born on [...], 1996 YOUTH AND A MOTHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Court is seized with a motion asking the placement of X , 16 years old, in a reception centre (

A) until the end of the present school year. [ 2 ] For the hearing, both the mother and the youth are present and are represented by M e Claude Beaudet and M e Daniel Ouellette respectively. M e Camille Provencher acts on behalf of the Director of Youth Protection. [ 3 ] Youth protection services have been involved with the family since 2000. [ 4 ] The first judgment ordering the placement of X took place on October 19, 2000.

He has been placed continuously since then. [ 5 ] In 2011, Judge Denyse Leduc ordered the implementation of a draft agreement reached by the parties and ordered the placement of X in a center A for one year. After that period, the placement of the youth in a foster family resumed as ordered in 2006. [ 6 ] The only question the Court has to decide is whether or not X should be placed in a structured environment such as a center A , and if so, the duration of this ruling. [ 7 ] Both the teen and the mother would like the Court to decide on a reintegration of X at his mother's place.

However, neither of them filed a written sworn-in motion to this effect. [ 8 ] The evidence reveals a very poor collaboration of the mother with the Director of Youth Protection's representative. She does not report herself nor does she try to be kept informed of her son's evolution. [ 9 ] The mother moved from City B to City C at the beginning of August and never informed the Director of Youth Protection. She cannot even provide de Court with an address in City C . [ 10 ] She claims that she has reduced her alcohol consumption.

When asked how many times she had alcohol in the last three weeks, she admits three or four times, which is still a problem in the Court's opinion. [ 11 ] She called the Social Worker twice in order to have travel arrangements made and both times she was clearly under the influence of alcohol. [ 12 ] X testified in an honest and straightforward manner. He admits some of the alleged behavioural disturbances. Since he was clearly embarrassed to borrow money from one of the foster families, he stole a small amount from them.

[ 13 ] Until his admission to the Center A , he did drugs. His behaviour is slowly improving at the Center A . He is still defiant toward the authority at times and has a hard time complying with the rules. [ 14 ] X has been placed for many years. Unfortunately he has been transferred from one foster family to the other too many times. Since 2008, he has been placed in four different foster homes in City D , four others in City E , one in City A , and one in City F . He had a one-year placement in a City D center A and spent the last summer in a City A center A .

No stability has been provided to this young person, at least since 2008. [ 15 ] The services to be provided in the future must aim for X 's autonomy, as he will reach the age of majority in fourteen months. [ 16 ] For the time being, X needs a structured environment with clear and coherent rules. The petitioner asks for a ten-month placement in a reception centre, more precisely a center A , to ensure his school attendance for the next year. [ 17 ] X , who is not bound by the law anymore to attend school, says that he would like to learn the ancestral way of life of the A Nation, or to occupy a job.

He also previously stated, by his lawyer, that he was motivated to resume school. One way or the other, X has to present a realistic plan to his Social Worker for the next few months. He will either have to go to school or other place of learning, or to find a legitimate and regular job. [ 18 ] The Court is of the opinion that the stay at the center A can be shorter. In the meantime, the Director of Youth Protection will have to formally assess the mother's situation.

The Court will order a placement until the end of January 2014. [ 19 ] For these reasons, the Court: [ 20 ] GRANTS the motion; [ 21 ] REVIEWS the last Court order; [ 22 ] ORDERS the placement of X , born on [...] , 1996, in a reception centre until January 31, 2014; [ 23 ] TAKES NOTICE that this placement will take place at the CITY A CENTER A ; [ 24 ] ORDERS the Director of Youth Protection to formally assess the situation of the mother and ORDERS the mother to collaborate with such assessment, to provide the Social Worker with her address within 15 days, and to inform the social worker of her whereabouts; [ 25 ] ORDERS the mother to seek help regarding her alcohol consumption issues; [ 26 ] ORDERS the mother to report to the Director of Youth Protection by telephone once every two weeks; [ 27 ] ORDERS that access rights be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 28 ] ORDERS that X have a full time occupation, that is to say school, learning centre, job or any other project assessed and accepted by the Director of Youth Protection; [ 29 ] MAINTAINS all other conclusions already rendered in the previous judgments, especially concerning aid, counsel and assistance and the placement in a foster family until the age of majority; [ 30 ] ORDERS that all health and social services be provided to X ; [ 31 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 32 ] ENTRUSTS X 's situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Camille Provencher Lawyer for the petitioner M e Claude Beaudet Lawyer for the mother M e Daniel Ouellette Lawyer for the youth Date of hearing: August 22, 2013