2015 QCCQ 7986, 2015 QCCQ 7986
Opinion
Protection de la jeunesse — 15258 2015 QCCQ 7986 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »
N o : 115-41-000071-159 DATE : May 15, 2015 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, J.C.Q. ______________________________________________________________________ X , Born on […], 2001 [SOCIAL WORKER 1] , Petitioner -and- A B , Parents JUDGMENT [ 1 ] The applicant submits a motion to the Court in wich it sought a declaration that the security or development of the adolescent X, born on […] 2001, is in danger. [ 2 ] At the hearing, the parents, Mrs A and Mr B, are absent.
X is also absent but a lawyer represented him. [ 3 ] JP2189 The parents acknowledge the facts as a whole and they accept the recommandations of the Director of youth protection as well as the adolescent’s lawyer. In fact, the parents said that at the social worker. [ 4 ] Finaly, the parties agree with the tabling of the psychosocial report prepared by Mrs [Social Worker 1], to assert her testimony. THE EVIDENCE [ 5 ] X has 13 years old. He lives with his parents.
The adolescent presents serious behavioral problem. [ 6 ] He doesn’t respect the rules at home, he comes back home late at night, he drinks alcohol every weekend, he has impulsive reactions toward the adults and his peer. [ 7 ] Facing this situation, the parents feel that they loose control and they need help. [ 8 ] Mr B and Mrs A think, that X needs to respect authority and he needs structure.
He cannot decides to do whatever he wants they say. [ 9 ] At her report, Mrs [Social Worker 2] writes : « Together, we enumarated some rules that needed to be respected from now or and consequences that would be applied in case of non-respect. Among other things, we prioritized a respectful attitude, he respect of the curfew specially on school nights and the time X needs to spend at home in his studies.
The five spent at home is also the spend quality time with his family [1] . » [ 10 ] Mrs [Social Worker 2] shares the point of view that if the situation doesn’t improve, « X might need bigger structure to insure his security, in a foster family or a rehabilitation center [2] . » [ 11 ] X has the good parents. They are ready to get involved and do what it takes to protect their son, believes the psychosocial report’s author. [ 12 ] But they need support, and X must understand that he has 13 years old and that he has to make some efforts if he wants to stay with his parents.
[ 13 ] Considering the report’s content and the position of the parties, the Court grants the motion in the same way suggested by the Director of youth protection. [ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the present petition; [ 16 ] 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; [ 17 ] ORDERS that X be entrusted to his parents; [ 18 ] ORDERS that X and his family benefits from external educator services; [ 19 ] ORDERS that X receives all medical and social services required by his situation; [ 20 ] ORDERS that X and his family actively participate to the measures proposed by the Director of youth protection; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and his family until May 31, 2016; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the presents measures. _____________________________ DENIS PARADIS, J.C.Q.
Me Louyse A. Lemieux for the petitioner Me Sébastien Caron for the child Court date : May 14, 2015
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