2012 QCCQ 17252, 2012 QCCQ 17252

Protection de la jeunesse — 126702 2012 QCCQ 17252 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41-000421-112 DATE: July 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on [...] [ INTERVENANT 1 ], person duly authorized by the Director of Youth Protection of the A , working in City A (Quebec), district A ; Petitioner -and- A , residing and domiciled in City A (Quebec), district A ; Mother -and- FATHER (deceased). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered by Justice Jacques R.

Roy, on December 7, 2011, in which he entrusted the youth to his mother for a period of six months with a social follow-up. [ 2 ] Today, the DYP recommends to the Court to maintain X with his mother for a period of one year, in order to consolidate their progress. [ 3 ] At the hearing, the mother and the youth agree with the recommendations. Update of the situation since December 7, 2011 [ 4 ] X now goes to school on a regular basis. He does not disturb the other students in the classroom as he used to do. However, at home, he keeps saying that he has no rules.

He says things are going well this way. [ 5 ] X does not collaborate with the social worker. He is disrespectful and talks as little as possible. [ 6 ] As for the mother, she puts very few limits to her son, if any. She counts on him to maintain a good behaviour by himself. However, the mother's collaboration with the school authorities has improved. This had an impact on her son’s behaviour in the classroom. [ 7 ] With the social worker, the mother's collaboration remains irregular. It would need to improve to facilitate the evaluation of the situation at home.

Analysis and applicable measures [ 8 ] X certainly made some progress in school by attending class and being less disturbing. However, at home his mother does not

set any limits and provides almost no supervision. [ 9 ] Because of that, X has put himself into trouble in the past. For example, he has been involved in a break and entry. [ 10 ] X is only 15 years old. He still needs a mother to draw boundaries for him. Otherwise, he will keep getting himself into trouble. [ 11 ] To help the mother in improving her discipline skills, the Court encourages her to participate in the parental skills' programmes.

In doing so, the mother will contribute to consolidate her son's improvements, not only in the classroom, but also at home where X has to learn to respect his mother's authority. [ 12 ] Meanwhile, the recommendations made by the DYP represent the youth’s best interest. FOR THESES REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on December 7, 2011 by Justice Jacques R.

Roy; DECLARES that the security and development of X are still compromised; ENTRUSTS X to his mother; ORDERS that the mother reports periodically to the Director of Youth Protection on the measures she applies to put an end to the situation that compromised X 's development; ORDERS that the mother reports at regular intervals, to the Director to inform him of the current situation; ORDERS that X attends school every day and that the mother participates in every way possible to ensure that X situation improves; ORDERS that the mother participates in parental skill training; ORDERS that the mother attends a treatment center or a therapy of her choice, regarding her alcohol related problems; ORDERS that the mother takes an active

part in the application of the measures; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and his family for a period of 12 months; ENTRUSTS the situation of X to the Director of Youth Protection of the A , who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q. M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the child Date of hearing: July 16, 2012