2011 QCCQ 14327, 2011 QCCQ 14327

Protection de la jeunesse — 115209 2011 QCCQ 14327 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000359-106 DATE: October 5, 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 extension of an order in respect of X (1995-[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On May 4, 2011, the Court declares that the security and development of this adolescent are still considered to be in danger and orders that he be entrusted to a rehabilitation center with several supportive measures for him and his parents until October 31, 2011, for the reasons enunciated in the judgment. [ 3 ] The petition is based on the following assertions and facts :

a) since the last court order, the parent's situation and relationship have not changed much ;

b) the mother still struggles with her own addictions and is currently enrolled in the methadone treatment program ;

c) the mother did not seriously involved herself with the professional services put in place for her ;

d) there is no consistency in communication between X and his parents ;

e) X is easily, frustrated and angered by his parent's lack of involvement ;

f) the mother admits that she cannot control X ;

g) X run away four times plus he ran away from the escort on his way to A Unit ;

h) in June, X was very happy to go for outings at his aunt C ;

i) the rules and consequences were decided with him and X agreed to respect them ;

j) unfortunately, X was not ready to deal with freedom and he disrespected the rules and runaway ;

k) during his runaway he consumed drugs/alcohol, slept wherever and he was vagrant ;

l) on June 29, 2011, X was transferred to A Unit and he stayed there for six weeks ;

m) X was charged for threatening a worker at A Unit ;

n) X was returned to B Unit on August 4, 2011 and since he runaway twice (22-08-2011) and the last time on September 12, 2011 during a outing at his aunt ;

o) even with those runaway the workers notes that since X is back from A he is doing progress ;

p) X still has difficulties controlling his emotions and feelings but he has been working on that during his sessions with his psychologist ;

q) X is also well involve with his external educator ;

r) X received services from an addiction counsellor ;

s) X's involvement towards services is a slow process because it is difficult for him to trust adult ;

t) X still has serious behavioural problems to work on ;

u) X is still needs a structured environment to keep him on task with daily responsibilities ;

v) X's aunt C has made it clear to the interveners that she was not going to give up on him and she is still ready to receive him for outings.

[ 4 ] At the hearing, the mother is absent (she was present this morning but had to leave to take care of another child) but her lawyer says that she admits generally the situation described at the petition and consents to its conclusions. [ 5 ] The adolescent is present and his representative adopts the same position as the mother. [ 6 ] The father is absent but he did send a letter in which he agrees with the petition. [ 7 ] The Court studied the psychosocial report, the report of an educator (B unit), the report of a resident in psychology and the report of a social worker. [ 8 ] Considering the report's content and the position of the parties, the Court grants the petition according to its conclusions.

WHEREFORE, THE COURT : [ 9 ] DECLARES that the security and the development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 10 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 11 ] ORDERS that X benefits from more or less prolonged visits in both maternal and paternal homes or in foster family as long as his behaviour permits it ; [ 12 ] ORDERS Mrs B to be perfectly sober and drug-free in the presence of her son X ; [ 13 ] RECOMMENDS that X and his parents benefit from psychological counselling to deal with their personal issues ; [ 14 ] ORDERS that X and his mother participate in a drug/alcohol treatment for the period deemed appropriate by the counsellor ; [ 15 ] ORDERS t hat X and his mother work with an external educator to deal with parenting issues ; [ 16 ] ORDERS that X and his parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 17 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 18 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until April 30, 2012, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Mrs Florence Frappier-Routhier, articled student in law at the Legal Aid Office, for the adolescent Me Andrée Rioux, for the mother Mr A, the father (absent)