2011 QCCQ 6235, 2011 QCCQ 6235

Protection de la jeunesse — 111383 2011 QCCQ 6235 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 145-41-000367-109 DATE: February 28, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1996 […]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts which describe quite well the situation of the adolescent and his mother as revealed by the evidence :

a) X has always lived with his mother and does not have contacts with his father ;

b) X suffers from attention deficit disorder with hyperactivity and has behaviour problems ;

c) last year, X was suspended from school on several occasions ;

d) the mother and X have a strained relationship and they yell at each other a lot ;

e) last June, X overheard his mother saying she kept his father out of his life, while she always told him it was Mr. A who did not want to have contacts with him ;

f) on June 23, 2010, X was entrusted to a rehabilitation centre, following an agreement under regular social services and he remained there since ;

g) X's behaviour has improved since his placement ;

h) the mother rarely calls the rehabilitation centre and X also refuses to talk to her ;

i) the mother and son's relationship is so deteriorated we cannot foresee X going back living home ;

j) X has a good relationship with his maternal grandmother and wishes to be entrusted to her ;

k) the mother had a difficult childhood and is still angry at the grandmother ;

l) until September, the mother refused that X had outings at the grandmother's ;

m) since September, X visits his grandmother and these outings go well ;

n) X receives counselling ;

o) X is scared of his mother ;

p) the mother has personal issues to deal with but she does not involve herself in counselling ;

q) the mother is unstable ;

r) X needs stability in a warm environment. [ 3 ] At the hearings, (January 10 and February 28), the adolescent and his mother are present with their lawyers. [ 4 ] The adolescent admits generally the situation described at the petition while his mother denies many important ones. [ 5 ] They accept the recommendations of the Director of youth protection. [ 6 ] The father sent a letter in which he writes that he trusts the decision of the experts working with his son and he supports his wish to be placed with his maternal grandmother. [ 7 ] The Court studied the petitioner's psychosocial report, the report of the director of a rehabilitation center and the letter of the school vice-principal to Dr Dumas. [ 8 ] Considering the report's content and the position of the parties, the Court grants the petitioner in the sense of the recommendations of the Director of youth protection.

WHEREFORE, THE COURT :

[ 9 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 10 ] ORDERS that X be entrusted to a foster family designated by the Director of youth protection ; [ 11 ] ORDERS that contacts between X and his mother be supervised as long as deemed necessary by the Director of youth protection ; [ 12 ] ORDERS that X continues to receive counselling services for his anger issues and to build a better relationship with his mother ; [ 13 ] RECOMMENDS that the mother undergo counselling for her personal issues ; [ 14 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 15 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until January 31, 2012 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Janick Poirier, for the petitioner Me Daniel Mill, for the adolescent Me Andrée Rioux, for the mother Mr A, the father (absent)