2011 QCCQ 7612, 2011 QCCQ 7612

Protection de la jeunesse — 111992 2011 QCCQ 7612 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY [...] « Youth division » N° : 635-41-000351-103 DATE : May 3, 2011 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q. In the case of : X JUDGMENT ON A MOTION FOR REVISION ( Section 95 (1) Youth Protection Act, R.S.Q. c.

P-34.1 ) [ 1 ] The Director of Youth Protection seeks the revision of an order made by the Court on September 28, 2010 entrusting the child X to his great-grand-father for a period of six months. [ 2 ] In the first months following the Court order, the youth improved his anger management, his school attendance, his behavior control at school and made good efforts for that. [ 3 ] However, since February 2011, the youth displays behavioral problems : he demonstrates aggressive behaviour forwards the school personnel, and does not respect the curfew given by his great-grand-father. [ 4 ] In March 2011, his teacher changed and the youth, for the last month and a half, was rarely at school. [ 5 ] The great-grand-father cooperates well with the school personnel and the Director of Youth Protection in order to rectify the school issues, but he is 81 years old and the youth, at 12, is not always respecting what he is told to do. [ 6 ] The mother works at the mine and is away two weeks by month and even though she is present in her child's life, her life style still represents a danger for the security and development of her son.

She does not represent or exert a figure of authority for the youth. [ 7 ] The community, aware of the child issues, try to assist the great-grand-father in the exercise of his authority. [ 8 ] The youth agrees with the measures proposed by the Director. [ 9 ] FOR THOSE REASONS THE COURT : [ 10 ] GRANTS the motion for revision; [ 11 ] DECLARES that the present situation constitutes new facts that justify the revision of the order made on September 28, 2010; [ 12 ] DECLARES that the security and development of the youth X are still endangered; [ 13 ] ORDERS that the youth be entrusted to his great-grand-father; [ 14 ] ORDERS a person working for an institution or body to provide aid, counseling and assistance to the youth and his great- grand-father; [ 15 ] ORDERS that the youth receives specific health care and services required by his situation;

[ 16 ] ORDERS the youth to attend school or another place of learning, or to participate a program geared to developing skills and autonomy; [ 17 ] ORDERS that the child benefit from a program or follow-up to help him learn to manage his anger and to handle his emotions; [ 18 ] ORDERS that a family-council be held by the worker, with the extended family, to discuss the future of the youth and to put in place a supportive plan to assist the great-grand-father in the exercise of his parental authority; [ 19 ] ENTRUSTS , for the enforcement of this order, the situation of the youth to the D.Y.P.; [ 20 ] ORDERS the police to cooperate if necessary to enforce this order.

PC/nc PAUL CHEVALIER, J.C.Q. Me Alexandre Simon, For the D.Y.P. Me Denis Trottier, For the youth, present. Mrs. A, mother, absent and unrepresented. Date of the hearing : May 3, 2011.