2014 QCCQ 16284, 2014 QCCQ 16284

Protection de la jeunesse — 144339 2014 QCCQ 16284 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000453-149 DATE: August 13, 2014 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] A petition for protection purpose in respect of X (2000[…]) is referred to the Court by the Director of youth protection pursuant to

section 38 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X was living with his mother before having been sending to A Unit;

b) X’s father is not involved in his life;

c) Since November 2011, X and his mother have been receiving services from [center A] support services on the reserve;

d) In 2011, X received a follow-up for school related problems;

e) In 2012, X started to shown more behavioral problems notably regarding criminal activities, lying, disrespectful towards his mother and adults in authority, association with youth and adults who were known as drug abusers;

f) During the 2013 school year, X was in the school suspension room daily, he was suspended for unacceptable behavior;

g) In January 2013, X admitted to smoking marijuana on occasion and his behavior had increasingly gotten worse;

h) In February 2013, X was entrusted in A Unit under Health and Community measures considering his serious behavioural problems;

i) X’s placement period was until June 17, 2013; after, he was return with his mother;

j) During the summer of 2013, X was involved in a criminal act and went to court and received 15 hours of community hours and had to write a letter of apology to the victim;

k) In September 2013, X was back to A Unit though the request from the mother, a voluntary measure was signed, under Health and Community services for a placement until April 2014;

l) As of April 2014, X’s behavior towards any professional or authority has become withdrawn from activities nor emotions;

m) X has shown to be much disengaged with the staff at A, with his mother and the professionals from [center A];

n) In June 2014, X has run away from his mother residence twice and not return until two days later;

o) The last run away, X was missing for a total of 9 days;

p) During a meeting with Dr. Oni, X did admit to wanting to commit suicide on June 22, 2014;

q) The mother has always been involved with services;

r) The mother is worried for her son and want to him to receive professional services in a secure environment;

s) X need to stop acting out and to receive professional care in a structured environment. [ 3 ] At the hearing, the adolescent (assisted by his lawyer) and his mother are present. They admit the situation described at the petition except that X denies having said to Dr. Oni that he wanted to commit suicide, as it was a misunderstanding; they accept the

recommendations filed today by the Director of youth protection. [ 4 ] The father's whereabouts are unknown. The mother says he is an alcoholic that moves around a lot. She did not hear from him for a good period of time. He is not involved in X's life. For these circumstances, the Court dispenses the service of the petition to the father as requested by the petitioner's lawyer, with the consent of the parties present. [ 5 ] The Court studied the psychosocial report, the reports of an educator (A unit), a psychological evaluation (X), a psychoeducational assessment (

X) and different reports and documents from [center A] . [ 6 ] Considering the report's content and the position of the adolescent and his mother, the Court grants the petition in the sense of the recommendations of the Director of youth protection. WHEREFORE, THE COURT: [ 7 ] DECLARES that the security and the development of X are in danger according to

section 38 of the Youth Protection Act; [ 8 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection until February 28, 2015; [ 9 ] ORDERS that X benefit from more or less prolonged visits in his maternal home environment as long as his behaviour permits; [ 10 ] ORDERS that X and his mother benefit from psychological counselling to deal with their personal issues; [ 11 ] ORDERS that X benefit from psychiatric counselling for as long as deemed necessary by the doctor; [ 12 ] ORDERS that X participate with a drug/alcohol counsellor as long as deemed necessary by the professional; [ 13 ] ORDERS that X and his mother benefit from services of an external educator to deal with parenting issues; [ 14 ] ORDERS that X and his mother actively participate in the application of the measures intended to put an end to the situation of endangerment; [ 15 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family; [ 16 ] ENTRUSTS the situation of X to the Director of youth protection of the CENTRE DE JEUNESSE A until February 28, 2015 for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Florence Frappier-Routhier, for the child Mrs A, the mother Mr B the father (absent)