2014 QCCQ 8803, 2014 QCCQ 8803

Protection de la jeunesse — 141124 2014 QCCQ 8803 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No : 105-41-000359-134 DATE : February 3, 2014 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, j.q.c. ______________________________________________________________________ A Petitioner and X Adolescent and B and C Parents ______________________________________________________________________ JUGDMENT

[ 1 ] A petition for protection purpose in respect of X (2000 […]) is referred to the Court by the Director of youth protection pursuant to

section 38 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts:

a) X presents important behavioral problems such as: • mood changes • sudden outbursts • opposition • severe intimidation

b) X has been expulsed from school in the course of the 2012-2013 school year, because of his behavioral problems;

c) Following that expulsion, X has been tutored by a teacher outside of school hours;

d) X has been evaluated in psychology in June 2012 and was then diagnosed with oppositional defiant disorder;

e) In October 2013, his psychological evaluation has been updated and concludes to the deterioration of his behaviour comparable to that found in a delinquent;

f) X has been suspended from school on September 19, 2013 up until November 11, 2013;

g) The father believes that the school is too harsh on X;

h) The parents do not acknowledge the gravity of X situation and blame the school for it;

i) The parents have refused to cooperate with an external educator;

j) The parents do not properly supervise X;

k) X needs a structured environment, professional services and interventions on a daily basis. [ 3 ] At the hearing, the adolescent (assisted by a lawyer) and his parents are present. They admit the situation described at the petition and accept the recommendations of the Director of youth protection. [ 4 ] The Court studied the psychosocial report and the psychological evaluation of the adolescent (June 1 st , 2012). The Court also takes notice of a teacher's report (event of November 28 th , 2013) as well as a "conditions of reintegration and behavioral contract" (November 1 st , 2013).

The Court heard the testimony of an educator (Mrs.

Marquis). [ 5 ] The evidence reveals that, following X reintegration at school under a contract, he was able to maintain an acceptable behavior for a while. [ 6 ] Unfortunately, at the beginning of January 2014, the school authorities had to suspend him again for the remaining of the school year because of an event involving insults and threats to a peer, the expulsion being in accordance with the very clear conditions of the contract signed by X and his parents. [ 7 ] Actually, X is doing his homework at home and is educated at school on a one-to-one basis during few hours at the end of the afternoon (15h – 17h), three days a week.

The parents are willing to collaborate with the educator. They must refrain from minimizing the situation and from overprotecting X. [ 8 ] At times, discussions between the educator and the parents shall intervene in X's absence to avoid misinterpretation and to facilitate the interaction.

It is for the adults to assess the situation, as the case may be. [ 9 ] The Court is prepared to give a chance to an intervention in the familial environment and to maintain X with his parents as far as possible and as far as significant changes and improvements are noticed. [ 10 ] Considering the reports and the position of the parties, the Court grants the petition in the sense of the amended recommendations filed today by the Director of youth protection.

WHEREFORE, THE COURT: [ 11 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act; [ 12 ] ORDERS that X be entrusted to his parents; [ 13 ] ORDERS that the family receives services from an external educator; [ 14 ] ORDERS that X and his parents actively participate to all the measures proposed by the Director of youth protection intended to put an end to the situation in which the security and development of the adolescent are in danger; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until January 31, 2015 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Louyse A. Lemieux, for the petitioner Me Richard Lavigne (for Me Florence Frappier-Routhier) for the adolescent Mrs. B, the mother Mr. C, the father