2013 QCCQ 1424, 2013 QCCQ 1424

Protection de la jeunesse — 1373 2013 QCCQ 1424 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000380-110 DATE: January 16, 2013 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [ SOCIAL WORKER 1] Petitioner and X Adolencent and A And B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for revision of an order in respect of X (1996[…]) is referred to the Court by the Director of youth protection pursuant to

section 95 of the Youth Protection Act. [ 2 ] On July 5, 2012, 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 until November 15, 2012 and after to his mother with supportive measures and a social follow-up until May 31, 2013 for the reasons enunciated in the judgment. [ 3 ] The present petition is based on the following assertions and facts :

a) X situation had improved since his placement in a rehabilitation center;

b) X had many outings at his mother and generally they were positives;

c) X sometimes uses an impolite language towards his mother and his siblings, and aggressive behaviours;

d) X mother recently found at home material related to drugs;

e) the mother has doubts that X still takes drugs on a regular basis;

f) X going to an adult learning center and does not attend regularly;

g) X needs constant follow-up to maintain his improvements;

h) X has mentioned, he wishes his mother to be dead;

i) X has ran away from the A rehabilitation center on December 6, of 2012 . [ 4 ] At the hearing, the adolescent is present with his lawyer who admits (except one) the allegations of the petition and accepts the recommendations of the Director of youth protection. [ 5 ] The parents are absent and unrepresented. It was not possible to locate the father and he is not involved in his son's life. He never attended a court hearing.

The Court dispenses the petitioner to serve him the petition. [ 6 ] The Court studied the psychosocial report as well as the reports of an educator (A unit) and the two decisions regarding his transfer to an intensive supervision unit. [ 7 ] The Court heard the testimony of the adolescent on two aspects. [ 8 ] First, he denies having said recently that he wishes his mother to be dead. He would have said that long time ago. [ 9 ] Secondly, he denies having been involved in a plot with other youths to run away from the rehabilitation center.

He was asked to do so but did not say yes or no. [ 10 ] The evidence reveals that X behaviours did not permit his return with his mother on November 15. He continues to do drugs and can be aggressive. He ran away from a center on December 5 th and was only found five days later. Since then, he is at City A (A unit) on intensive supervision. [ 11 ] He wishes to go at B center. In such a case, he must show a genuine motivation and put an end to his actual attitude and behaviour.

If he is really serious with this project, the Court authorizes that it be put in place if the adolescent meets the requirements. [ 12 ] Considering the report's content as well as the admissions and consent of the adolescent, the Court grants the petition in the sense of the recommendations filed today by the Director of youth protection, including the authorization for B center. WHEREFORE, THE COURT : [ 13 ] 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 ; [ 14 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 15 ] ORDERS that X continues his follow up with all the professionals needed as long as deem necessary ; [ 16 ] AUTHORIZES that X be entrusted to B center if the situation permits it and X meets the requirements ; [ 17 ] ORDERS that X and his mother participate actively to the measures suggested by the Director of youth protection in order to put an end to the situation of endangerment ; [ 18 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 19 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until July 30, 2013 for the carrying out of the present measures.

__________________________________ ROBERT LEVESQUE, J.C.Q. Me Louyse A. Lemieux, for the petitioner Me Florence Frappier-Routhier, for the adolescent Mr B, the father (absent) Mrs A, the mother (absent)