2011 QCCQ 14024, 2011 QCCQ 14024

Protection de la jeunesse — 115085 2011 QCCQ 14024 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-021719-083 DATE: October 12, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 12, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered June 15, 2011, entrusting the adolescent to foster care until his age of majority, with a social follow-up for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The behaviour of the adolescent has deteriorated in the foster home; • The adolescent was not following the house rules, was not doing his chores, and not respecting curfews; • The adolescent was not respecting the authority of the foster mother; • The adolescent was not accountable for the time spent in the community; • The adolescent appeared to be under the influence of drugs when returning to the foster home; • On August 31, 2011, the foster mother called the Director of Youth Protection and requested that the adolescent be removed from her care; • On September 2, 2011, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre.

[ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of one year. Furthermore, that a social follow-up be provided to the family for the same period. [ 5 ] The parents are not present at the hearing. The mother is of address unknown and does not participate in the social follow-up. As for the father he was served with a copy of the motion, but refuses to have contacts with his son since he integrated a group home.

Under the circumstances, the Court proceeded in the absence of the parents. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and consents to the recommended measures. The adolescent is asking to have weekend visits with his mother. X says that he wants to finish his high school, but has no other plans for the future. [ 7 ] The Court also heard the testimony of [social worker 1], youth protection delegate, and read the report that the Director filed as proof of the adolescent’s situation.

The evidence reveals that the adolescent needs a structured environment to function adequately, as he has a laid back attitude and smokes pots. His parents are not in a position to provide the support he needs and have shown an inability to make lasting changes. Therefore, the adolescent needs a plan to help him towards independent living. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre for a period of one year.

The adolescent must learn to make the right choices and to respect authority. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] REVISES the order rendered June 15, 2011; [ 14 ] ORDERS the placement of the adolescent, X, in a rehabilitation centre for a period of one year; [ 15 ] ORDERS that the contacts between the adolescent and his parents and his brother, Y, be determined by the Director of Youth Protection and be encouraged; [ 16 ] ORDERS that the adolescent be authorized to visit with his mother on the condition that DYP has her address; [ 17 ] ORDERS that the adolescent be accompanied by a representative of DYP for the next visit to his mother's home and ORDERS that no visits to the mother's take place until this has been done; [ 18 ] ORDERS the parents to advise DYP of any change of address or telephone number in a delay of 24 hours; [ 19 ] RECOMMENDS that the adolescent attend the A Program; [ 20 ] RECOMMENDS that the adolescent see a guidance counsellor; [ 21 ] ORDERS that the adolescent attend school on a regular basis or maintain an employment; [ 22 ] ORDERS that the adolescent undergo a drug assessment if and when is ready, and RECOMMENDS that the assessment be done by Mr.

C; [ 23 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family for a period of one year; [ 24 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 25 ] ORDERS the execution of the present order by any peace officer. Signed October 14, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Marie-Josée Paiement (Counsel for the D.Y.P.) Me Marc Morin (Counsel for the adolescent)

Date of hearing: October 12, 2011