2011 QCCQ 12835, 2011 QCCQ 12835
Opinion
Protection de la jeunesse — 114532 2011 QCCQ 12835 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-003954-115 DATE: July 28, 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; Petitioner -and- A , residing […], City A (Quebec), district B; -and- B , residing […], City A(Quebec), district B; Parents of the youth -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the Court a motion for protection concerning the youth X, born on […], 1995. [ 2 ] The Director represents that the security and development of the youth are in danger for the reasons listed in
paragraph three of the motion. [ 3 ] The youth manifests serious behavioral problems, namely as he uses drug, he steals; he is verbally and physically violent towards his mother and sister.
He does not respect house rules and leaves the house and returns as he pleases and he has school difficulties. [ 4 ] On November 15, 2010, the youth is placed in a rehabilitation center and he is subject of voluntary measures between December 14 th , 2010 to June 30 th , 2011. [ 5 ] From November 2010 to April 2011, the youth has not had any visits to his home or to his family. [ 6 ] It is not the first placement of the youth in a reception center, he was placed between January 2009 to June 2010, because of behavioural problems, such as suicidal ideation, verbal and physical violence and stealing, skipping classes on a regular basis, etc. [ 7 ] On February 2011, the youth recognised that he had difficulties and agreed to his placement.
But, although, all the way admitted to have all theses difficulties, he did not take responsibility for any of his behaviour and he did not feel he had to deal with any of the issues at hand. [ 8 ] Actually, the situation of the youth has progressed. He is now capable of expressing what his difficulties are and which ones preoccupy him the most. He indicates that he has problems with his anger and that even though he has participated in the anger replacement therapy; his anger continues to scare him.
He did agree to see a drug councillor and has visited Center A. [ 9 ] The communication between the youth and his family has improved. It is clear to both of them that the youth is easily influenced and that he has to stay away from negative peers. [ 10 ] Actually, the youth has been going home on a regular basis for approximately three months and the visits have been going well. The youth and the mother agree that they need to ensure that the youth does not return to his old ways and that when he returns home, he will remain there.
The youth and his family do not want to repeat the sequence of events that have occurred over the past three years; placement, return home, and placement. [ 11 ] Consequently, the youth needs to ensure that he does not take any further drugs or alcohol; he needs to continue working on his anger issues and to plan for an appropriate school program.
He also has to regain his parent's trust. [ 12 ] The Court is convinced that the security and development of the youth are in danger because of his behavioural problems and the recommendations of the youth protection director are appropriate and in the interest of the youth. [ 13 ] Considering the admissions and after the reading of the report, the Court is satisfied and therefore: [ 14 ] MAINTAINS the present motion; [ 15 ] DECLARES that the security and development of the youth X are in danger; [ 16 ] ENTRUSTS the situation of the youth X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of nine months ; [ 17 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation center until December 1 st , 2011 ; [ 18 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the youth and his family; [ 19 ] 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: July 28 th , 2011
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