2013 QCCQ 7542, 2013 QCCQ 7542

Protection de la jeunesse — 132133 2013 QCCQ 7542 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004346-121 DATE: March 4, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1997 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- 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 Director of Youth Protection presents a motion for revision and extension of a Court decision rendered on November 26, 2012, concerning the adolescent X. [ 2 ] The preceding order determines that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

Within various measures of aid and counsel to the family for one year, the Court orders the placement of the adolescent in a reception center for 9 months. [ 3 ] The Director alleges that the evolution of the situation justifies a revision of the measures, permitting the reintegration of the adolescent in her family environment and the pursuance of the intervention for one year. [ 4 ] The parties consign their admissions in the Court record and agree with the proposal of the Director as to measures. [ 5 ] ANALYSIS AND DECISION [ 6 ] Shortly following the last Court order, the adolescent makes a suicide attempt while at the reception center, leaving injuries requiring an extended hospitalization and convalescence.

The parents, as well as the professionals involved in the adolescent's care, agree that her family environment is the most appropriate place for her to convalesce. [ 7 ] On December 19 th , the Court renders an order providing that the adolescent return home on a provisional basis. [ 8 ] X's situation is complex. She suffers from borderline personality disorder with chronic suicidal ideations. Since July 2011, the Director offers services to the adolescent and her family in reason of her serious behavioural difficulties.

Despite intense and comprehensive services, especially in regard to her mental health, there is little resolution as to her suffering. [ 9 ] The parents are supportive and committed to their daughter's well being. They are also burdened and discouraged by the chronicity of the adolescent's behaviours, seeking a definite response to her ongoing psychological struggles. [ 10 ] X acts impulsively in response to confrontation and remains very vulnerable. Her history justifies the conclusion that the risks of self-harm are independent of the environment in which she resides.

In fact, her suicide attempts have all been while in placement. [ 11 ] Since her return home, the parents adopt strategies to minimize the risk of the adolescent harming herself, including an active supervision and structure. They are able to provide a secure environment. Concurrently, X continues her participation in the daily treatment program of the reception center in which she had been entrusted, [Center A].

She also continues her follow up with a psychiatrist. [ 12 ] Considering that neither the family environment, nor the reception center, are able to completely assume the adolescent's needs as to her security and her development, the dual joining of efforts represents the best response to her difficulties. [ 13 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence to the effect that the revision and extension of the measures is necessary in the best interests of the adolescent. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the adolescent are still in danger; [ 17 ] REVISES and EXTENDS the Court order rendered on November 26, 2012; [ 18 ] ORDERS that the adolescent be maintained with her parents; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her parents; [ 20 ] ORDERS that the adolescent and her parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development; [ 21 ] TAKES ACT that the adolescent will continue her treatment program at [Center A], as well as her follow-up with a psychiatrist; [ 22 ] TAKES ACT that the parents will continue attending the parent support group offered at [Center A]; [ 23 ] RECOMMENDS that adolescent's file be transferred to a new caseworker as soon as possible; [ 24 ] ALL THESE measures, for a period of one year; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse Afor the execution of the measures.

__________________________________ BEATRICE CLEMENT, J.C.Q. Me Karine Nantais Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: March 4, 2013