2011 QCCQ 6234, 2011 QCCQ 6234

Protection de la jeunesse — 111382 2011 QCCQ 6234 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000366-101 DATE: January 12, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1994 […] ) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) the parents are separated ;

b) X was living with his mother in town A until September 2009, the mother has legal custody ;

c) X was suspended from school in town A and his mother decided to bring him to his father in B ;

d) on May 18, 2010, a signalement was received regarding X 's behavioural problems and education plan neglected ;

e) X manifested behavioural problems such as :

1) he was out all hours of the night ; 2) he was being disruptive within the community ; 3) he was not registered at any schooll; 4) he was not respecting the rules at his parent's house and their authority ; 5) he was abusing substances ; 6) he had taken off all weekend to town C and did not tell his parents ;

f) X was placed in town D before under voluntary measures ;

g) in May 2010, the mother decided to have X live at her house and, she registered him in school ;

h) X was willing to behave good and attend school ;

i) about a week and a half later, his mother came to meet us and said that it was not working out at home with X;

j) the weekend of June 21, the police picked X up intoxicated at 4 AM and he was transported to the hospital ;

k) X was discharged shortly after and still intoxicated, his grandmother took him home with her ;

l) on Sunday June 20, 2010, X ran away and on June 22, a petition was presented to the Court to search for and bring X to the Director of Youth Protection under

section 35.2 of the Youth Protection Act ;

m) on June 23, 2010, court order was rendered to entrust X to a rehabilitation center for a period of five working days ;

n) an agreement on voluntary measures was signed in order to have X placed in rehabilitation center until December 23, 2010 ;

o) on October 4, 2010, X started attending school in grade 9 in town E ;

p) on October 6, 2010, X was suspended from school due to physical confrontation with another student ;

q) on October 13, 2010, the school authority advised us that X would not be returning to school and would be suspended indefinitely ;

r) X's involvement in the services in the rehabilitation center was minimal ;

s) during the revision meeting on November 17, 2010, X agreed to involve himself in all the follow-up ;

t) X's situation is still fragile but considering the conditions put on, it is in best interest to return home ;

u) the mother is living with her boyfriend and they are ready to take care of X . [ 3 ] At the hearing, the adolescent (assisted by his lawyer) and his parents are present.

They admit, in substance and without going in the details, the situation described at the petition and consent to its conclusions. [ 4 ] The Court studied the petitioner's psychosocial report and examined an agreement on voluntary measures. [ 5 ] The Court also heard the testimony of Mrs [social worker 1] (petitioner) and of Mr [social worker 2]. [ 6 ] After six months in rehabilitation center, X was returned with his mother on provisory measures ordered by the Court. [ 7 ] According to the report and especially the testimonies, the situation is fragile but workable in the familial environment at the condition that X maintains his involvement with the different services and follow-ups and that he respects his mother and the rules set. [ 8 ] Since November 17, there had been few incidents but no crisis situation.

X and his mother collaborate well. [ 9 ] Considering the evidence and the position of the parties, the Court grants the petition according to its conclusions. WHEREFORE, THE COURT : [ 10 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 11 ] ORDERS that X be entrusted to his mother, Mrs B; [ 12 ] ORDERS that X attends adult education on a regular basis ; [ 13 ] ORDERS that X benefits from a psychological follow-up for as long as deemed necessary by the psychologist ; [ 14 ] ORDERS that X attends anger management and social skills program ; [ 15 ] ORDERS that X and his mother receive counselling to work on their relationship ; [ 16 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and his family ; [ 17 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre de Jeunesse A until June 30, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Daniel Mill, for the adolescent

Mr A , the father MrsB , the mother