2014 QCCQ 12702, 2014 QCCQ 12702

Protection de la jeunesse — 141783 2014 QCCQ 12702 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] Youth Court Division No: 760-41-004534-130 DATE: March 28, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1998 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A B Parents JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The adolescent presents a motion for revision of a Court decision rendered on September 4, 2013.

This decision declares that her security and development are in danger in reason of serious behavioural disturbances with the consequent application of protective measures for one year, including her placement in a reception center. [ 2 ] The adolescent alleges that the positive evolution of her situation since her placement, justifies that the Court revise the measures and entrust her to the care of her parents for the remaining duration of the measures. [ 3 ] The Court proceeds in the absence of the father.

The mother attests that he shares her position, which is confirmed by a letter she produces in the Court file.

[ 4 ] The parties present at the hearing, consign their admissions in the Court file and mutually agree to the measures put forth by the Director in response to the adolescent's motion. [ 5 ] ANALYSIS AND DECISION [ 6 ] The adolescent resides in a reception center since August 7, 2013. [ 7 ] X copes with attention deficit and hyperactivity disorder (ADHD) and an oppositional disorder, for which she takes medication. [ 8 ] In the reception center setting, she continues to demonstrate anger management issues, impulsiveness and personal difficulties. Her behaviours spur her transfer to a closed unit.

On September 10, 2013, the adolescent reintegrates an open unit and shows an improvement as to her oppositional behaviours and reactions. She starts to follow the routine and accept her placement, although she still resists taking responsibility for such. She changes her network of friends and ceases her drug consumption. [ 9 ] Concurrently, the parents observe that the visits home are more positive, with X following the rules and accepting the limits they impose.

The adolescent spends an extended period home during the holiday period, without incident. [ 10 ] After consulting her parents as well as the staff at her unit, the adolescent presents a motion for revision, seeking her return home. On January 9, 2014, the Court renders a provisional order entrusting the adolescent to her parents.

Since her return home, the parties observe that she maintains the improvements in her behaviours and respects her parent's authority. [ 11 ] In February 2014, a psychological assessment of the adolescent makes the following recommendations: ➢ The completion of a psychiatric assessment in order to see if medication could help her control herself better in regards to her mood reactivity; ➢ A psycho-educational follow-up to work on her emotional difficulties, diminish her irritability threshold and improve her pro-social skills; ➢ Weekly sessions with an educator to aid the parents in consistent and firm parenting and help in managing crisis situations (Psychological assessment, exhibit D-2, p.6) [ 12 ] With some reluctance, the adolescent accepts a psychological follow-up, and is awaiting services from [center A] . [ 13 ] The parents are active in their implication and are able to establish routine and rules.

X's placement spurs the acceptance of rules and discipline, permitting the parents to regain control and ensuring greater harmony in the family environment.

Notwithstanding, the parties recognize that there are still aspects that require the continued aid and support of protective measures in order to ensure the success of this reintegration and a durable change as to the adolescent's behavioural disturbances. [ 14 ] After evaluating the evidence, the Court determines that the new facts brought forth justify a revision of the measures, moreover that the adolescent return to her home environment within the framework of services put in place to continue to address the issues still endangering her security and development. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion for revision; [ 17 ] REVISES the order rendered on September 4, 2013; [ 18 ] DECLARES that the security and development of the adolescent are still in danger; [ 19 ] ENTRUSTS the adolescent to her parental milieu; [ 20 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and her family until September 4, 2014; [ 21 ] ORDERS that the adolescent and her parents take an active

part in the measures ordered; [ 22 ] ORDERS that the adolescent receive certain health care and services, specifically a follow-up at [center A] for as long as required; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner

Me Karine P. Poissant Attorney for the adolescent Date of hearing: March 28, 2014