2011 QCCQ 9389, 2011 QCCQ 9389

Protection de la jeunesse — 112760 2011 QCCQ 9389 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-003419-093 DATE: May 30 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: [...], 1995 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , residing at […], province A; -and- B , residing at […], town A (Quebec), district A; Parents of the youth -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A motion for revision and extension of a Court decision is submitted to the Court concerning the youth X, born on [...], 1995.

[ 2 ] In support of the procedure, the Director of youth protection asks the revision and extension of a Court order rendered on May 12 th , 2010. [ 3 ] Since the last court order, the youth has remained in a reception center where he experienced ups and downs. The youth ran away twice. [ 4 ] Since January 2011, the behavioral problem of the youth has stabilized. The social worker and the educator will work with the youth to have him integrate a group home during the summer to develop his autonomy. [ 5 ] During summer 2010, the mother moved to province A.

Until November 2010, the mother did not ask any contact with her son. From November to December 2010, the mother contacted her son by phone and asked him to come live with her many times. During that period of time, the youth was ambivalent regarding his mother request. [ 6 ] On December 15 th , 2010, the youth verbalized to the social worker that he was not ready to go live with his mother in province A, but that he would like to have contact with her. After that, the youth started to refuse to have phone contact with his mother.

The mother still refuses to collaborate with the social worker and the services offered. [ 7 ] Since Christmas 2010, the father maintains regular contact with his son. The youth and the father wish to rebuilt their relationship and they agree with the recommendations of the youth protection director. [ 8 ] In her report, Mrs. [social worker 1], the caseworker for the youth, writes on page five: « X's situation has not been stable over the last year. His family situation has generated anxiety and anger, especially with his parents being in and out of his life.

Despite the fact that X has been functioning well since the last five months, he is not always capable of expressing his emotions appropriately. This is why it is essential to follow X's pace and to avoid unexpected changes that could trigger his anxiety and lead him to act out. Despite this, his overall improvement indicates that he is now ready to integrate a group home. The group home will be able to provide X with the security that he requires and is a place where he can learn to develop tools that will help him express his emotions adequately and confront his situation.

It will also be beneficial for X because he will have the support that he needs to work on his autonomy.» [ 9 ] The Court is convinced that the security and development of the youth are still in danger and believes that the recommendations of the youth protection director are appropriate and in the interest of the youth. [ 10 ] Considering the admissions and after the reading of the report, the court is satisfied and therefore: [ 11 ] MAINTAINS the present motion; [ 12 ] DECLARES that the security and development of the youth X are still in danger; [ 13 ] REVISES AND EXTENDS the Court order rendered on May 12 th , 2010; [ 14 ] ENTRUSTS the situation of the adolescent X to the youth protection director of Les Centres jeunesse A for the execution of the measures until his majority, [...], 2013; [ 15 ] ORDERS that the youth be entrusted to a rehabilitation centre; [ 16 ] ORDERS that aid, counsel and assistance be provided to the youth and his family; [ 17 ] AUTHORIZES the contacts between the youth and his parents according to an agreement between the parties; [ 18 ] ORDERS that the mother informs the youth protection director of any changes of address and phone number; [ 19 ] ORDERS that the youth receives certain health care and health services such as continuing to follow the recommendations from Santé mentale jeunesse; [ 20 ] TAKES ACT that the youth protection director will favor the contact between the youth and his parental grandmother; [ 21 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS, J.C.Q.

Me Karine Nantais Procureure du directeur Me Béatrice Clément Procureure de l'adolescent

Date of hearing: May 30 th , 2011