2014 QCCQ 13454, 2014 QCCQ 13454

Protection de la jeunesse — 141984 2014 QCCQ 13454 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001548-137 DATE: March 21, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A , working in CITY A Applicant and X, born on [...], 2000 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applied for the review of a decision under

section 38 of the Youth Protection Act [1] rendered by Jacques R. Roy J.C.Q. on March 25, 2013. At that time, X was entrusted to a foster family. [ 2 ] At the hearing, X and his mother were present and were assisted by counsel. The father was not present. He lives in CITY B and he decided not to attend Court. [ 3 ] The mother admitted that X ’s security and development were still in danger and agreed to the measures proposed by Youth Protection. [ 4 ] It was admitted by the mother and the youth that X has serious behaviour problems at school. He physically assaulted the teacher and a student.

He was suspended from school. [ 5 ] The youth expressed suicidal threats and he had to be hospitalized. [ 6 ] X spent summer 2013 with a foster family in CITY C . Overall the youth behaved well during that period. [ 7 ] On November 7, 2013, the youth was arrested: on Facebook, he allegedly threatened to kill four youths and to commit suicide. [ 8 ] Since then, the youth has been placed in a rehabilitation centre in CITY D , where he started anger management and mindfulness skills training. [ 9 ] The youth’s situation is improving regarding his behaviour and emotional issues.

When he is upset, he tends to be physically aggressive and threatening towards others. [ 10 ] X now goes to school and also maintains contact with the last foster family and his family.

[ 11 ] X agreed with the measures, but he would like to be at the rehabilitation centre in CITY E . [ 12 ] The Court heard Ms. [Social Worker 1] , Youth Protection delegate, and she filed a report.

She recommended that X be entrusted to a rehabilitation centre for a period of twelve months, with a possible return to the care of his mother after six months, if the situation allows it. [ 13 ] It is in the best interest of X that he be entrusted to a rehabilitation centre. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] REVISES the decision or order rendered on March 25, 2013; [ 17 ] DECLARES that the security and the development of the youth continue to be in danger; [ 18 ] ORDERS that X be placed in a rehabilitation centre for a period of twelve months, with a possible return to his mother’s care after six months, if the situation allows it; [ 19 ] ORDERS that X and Ms.

A attend as many sessions with a psychologist as recommended by the latter; [ 20 ] ORDERS that Ms.

A receive the services of an educator to better prepare her for having her son back in her care; [ 21 ] ORDERS that X continue to attend school on a regular basis; [ 22 ] ORDERS that contact between the child and his parents be supervised by the Director of Youth Protection as to frequency and terms, and in the best interest of the youth; [ 23 ] ORDERS that aid, counselling and assistance be provided to the youth for a period of twelve months; [ 24 ] ORDERS that the police cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the youth, X , to the Director of Youth Protection of the A , who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the youth Mtre. Angèle Tommasel Counsel for the mother Date of hearing: February 6, 2014