2011 QCCQ 13701, 2011 QCCQ 13701

Protection de la jeunesse — 114386 2011 QCCQ 13701 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-022869-093 DATE: September 14, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of September 14, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] On May 15, 2010, the Court ordered that the adolescent be entrusted to a rehabilitation centre until December 31, 2010, with gradual reintegration to his mother’s care after June 30, 2010, if the situation allowed. Furthermore, that a social follow-up be maintained with the family until December 31, 2010. [ 3 ] Essentially, the Director alleges that the adolescent's reintegration to his mother’s care was not possible due to his behavioural problems. In October 2010, the adolescent left the rehabilitation centre without permission and remained absent for extended periods of time.

However, since the spring of 2011, the adolescent has been living with his father. In July 2011, he was stopped by the police on his bicycle when he ran through a red light.

On July 29, 2011, the Court rendered provisional measures entrusting the adolescent to the care of his father until September 14, 2011. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to the care of his father, that he submit to random drug testing and that a social follow-up be maintained with the family for a period of nine months. [ 5 ] The mother is not present at the hearing and has not been in contact with her son over the past months. DYP was recently given a phone number where the mother could be reached.

Under the circumstances, and with the consent of the other parties, the Court proceeded in the absence of the mother. [ 6 ] The father states that he agrees with the recommended measures. He testifies that his son works 40 hours a week and presents no behavioural difficulties.

[ 7 ] The adolescent wishes to continue living with his father. However, he considers that a social follow-up for a period of nine months is too long. [ 8 ] The Court also read the court report and the addendums that the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent is working, that he has a girlfriend and that he follows his father's house rules. [ 9 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to his father’s care with a social follow-up until April 1 st , 2012.

The adolescent's relationship with his father has improved and he is working to develop his autonomy.

However, the adolescent should receive support for his drug use. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] ORDERS that the adolescent, X, be entrusted to the care of his father; [ 14 ] ORDERS the adolescent to submit to random drug testing at the request of DYP; [ 15 ] TAKES JUDICIAL NOTICE that the adolescent agrees to undergo random drug testing; [ 16 ] RECOMMENDS that the adolescent continue to receive support for his substance abuse; [ 17 ] ORDERS that the father refrain from using any form of physical discipline or verbal aggression towards his son; [ 18 ] ORDERS the adolescent and his father to collaborate with DYP and to meet with the youth workers as requested; [ 19 ] ORDERS that the father not consume alcohol in the presence of his son; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until April 1 st , 2012; [ 21 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 22 ] ORDERS the execution of the present order by any peace officer.

Signed on September 16, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Myriam DeBlois (Counsel for the D.Y.P.) Me Alec Fafard (Counsel for the adolescent) Date of hearing: September 14, 2011