r v. A, 2014 QCCQ 20509

Protection de la jeunesse — 148542 2014 QCCQ 20509 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004554-138 DATE: November 12, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 1999 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A 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 ] The Director of Youth Protection presents a motion for extension of a Court decision concerning X, seeking the continued application of protective measures for one year, including that the adolescent remain in a reception center. [ 2 ] The parties consign their admissions to the Court record and consent to the conclusions of the motion. [ 3 ] Analysis and decision [ 4 ] In virtue of the last judgment rendered on October 23, 2014, the Court declares that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

With the consent of the parties, various protective measures are put in place for one year with the adolescent being entrusted to a rehabilitation center. [ 5 ] In point of fact, the adolescent evolves in a rehabilitation center since February 2013. Although she demonstrates a potential to succeed, her behavioural issues remain present and impede her progress. High risk behaviours and opposition lead to contentions and isolation. On seven occasions, her behaviours require a transfer to an intensive unit. [ 6 ] Numerous services are in place for the adolescent, who presents an attachment disorder.

She participates in meetings with a psychiatrist, as well as art therapy. [ 7 ] The adolescent’s contacts with her family are sporadic and in large part by telephone, a situation which she has difficulty integrating and perceives as a form of abandonment or punishment. Since her placement, there have been no visits home and this, at the parent’s request.

The parents declare being involved in their daughter’s rehabilitation, but that they cannot permit visits home until such time as she demonstrates behaviours that are no longer disruptive to the family unit. [ 8 ] The goal of the intervention is the reintegration of the adolescent in her home environment.

For this to succeed, X, as well as her parents, will have to jointly contribute to the measures put forth to this end, as well as actively participate in the intervention. [ 9 ] For her part, it is essential that the adolescent undertake concrete steps towards clarifying and dealing with the sources of her oppositional behaviours, with the understanding that her future depends on her capacity to adopt and respect socially acceptable norms. [ 10 ] As for the parents, their involvement must be constructive and active.

In order to evolve, the adolescent requires the support of her family environment to encourage her development of positive behaviours and therefore verify the viability of her return home. This is especially pertinent considering that the maximum period of placement stipulated by the Youth Protection Act , is soon to expire. To

this end, the Court cites (our underlining): 91.1. If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed: (a) 12 months if the child is under two years of age on the date the order is made, (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon.

At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis. [ 11 ] Consequently, the next period of measures is determinant as it will reflect the interests of the adolescent on a long term basis, should a return home still not be possible.

The intervention and the mutual efforts should reflect this imperative. [ 12 ] After considering the evidence, the Court concludes that the security and the development of the adolescent remain in danger in reason of serious behavioural disturbances.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interests, while concurrently receiving the approval of the parties. [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the motion for extension of a Court decision; [ 15 ] DECLARES that the security and development of the adolescent are still in danger; [ 16 ] ENTRUSTS the adolescent to a rehabilitation center; [ 17 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and her family; [ 18 ] ORDERS that the adolescent and her parents actively participate in the application of the measures; [ 19 ] AUTHORIZES that the contacts between the adolescent and her parents be upon an agreement between the parties; [ 20 ] ORDERS that the adolescent receives specific health care and health services, namely a psychiatric follow-up; [ 21 ] THE WHOLE for a period of one year; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Mylène Francoeur

Attorney for the Petitioner Me Stéphanie Castagnier Attorney for the adolescent Date of hearing: November 12, 2014