2011 QCCQ 9930, 2011 QCCQ 9930

Protection de la jeunesse — 114006 2011 QCCQ 9930 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000347-101 DATE: June 15, 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 December 8, 2010, the Court declares that the security and development of the adolescent are considered to be in danger and entrusts him to his father with supportive measures until June 30, 2011 for the reasons enunciated in the judgment. [ 3 ] At the hearing, the adolescent and the parents are present; the mother is represented as well as the adolescent. [ 4 ] The mother admits, generally speaking, the situation described at the petition. [ 5 ] The parties accept the recommendations of the Director of youth protection. [ 6 ] The Court studied the psychosocial report, documents from the school and a therapist concerning the adolescent as well as several documents, letters and reports concerning the therapies and follow-ups of the mother and Mr C. [ 7 ] The evidence reveals that Y is complying with her father's rules and is doing well at school. [ 8 ] X has difficulty with discipline and smokes marijuana.

His academic results are poor in three subjects. In April, he was suspended for possession of a knife.

[ 9 ] The parties agree that the parents will share the custody of the adolescents according to the Superior court judgment of 2004 which declares executory the agreement reached by the parents. Paragraphs 2 and 3 of this agreement are as follow : "2. The parties will henceforth share custody of the children X and Y in equal time through the year, as they may further agreed on and defined together from time to time ; 3.

Both parents will share parental authority towards their children and will consult each other on all important matters regarding health, education and general well being of their children ;" [ 10 ] The father would like that X stops going back and forth between his parents depending of his mood or the rules he does not like. [ 11 ] It is for the parents to discipline their child and to enforce their agreement of 2004. [ 12 ] For the moment, the Court will not intervene. [ 13 ] Considering the evidence and the position of the parties, the Court grants the petition in the sense of the recommendations of the Director of youth protection.

WHEREFORE, THE COURT : [ 14 ] 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 ; [ 15 ] ORDERS that X be entrusted to his parents according to the legal custody court order ; [ 16 ] ORDERS that X participates in an addiction assessment and follow-up counselling if deemed necessary ; [ 17 ] ORDERS that the parents actively participate in the application of the measures intended to put an end to the situation of endangerment ; [ 18 ] ORDERS that the mother actively participates in psychological counselling to help her deal with her personal issues ; [ 19 ] ORDERS that X and his family benefit from an external educator to help them with behaviour, discipline, structure and routine if needed ; [ 20 ] ORDERS that neither parent talk negatively about the other in the presence of the adolescent ; [ 21 ] ORDERS that the mother actively participate in a follow-up with addiction counsellor as long as deemed necessary ; [ 22 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 23 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until November 30, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the DYP Me Marie-Christine Gagnon, for the adolescent Me Daniel Mill, for the mother Mr A, the father