r v. A, 2015 QCCQ 21074

Protection de la jeunesse — 155443 2015 QCCQ 21074 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004950-153 DATE: October 28, 2015 ______________________________________________________________________ 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 protection concerning X, born on […], 1999, alleging that her security and development are in danger in reason of serious behavioural disturbance.

In response to this situation, the Director seeks a 9-month protective order with various measures of aid and assistance to the adolescent and her family. [ 2 ] The adolescent and her parents consign their admissions and consent to the orientation proposed. [ 3 ] Analysis and decision [ 4 ] The adolescent resides with her parents and an older sister. [ 5 ] In September 2015, the Director of Youth Protection evaluates the situation of the adolescent in regards to a complaint of her exhibiting serious behavioural disturbances. [ 6 ] For the last two years, the adolescent presents increasingly problematic behaviours, which are admitted as follows: ➢ Drug consumption (ecstasy and Xanax); ➢ Opposition to the rules and limits established by her parents; ➢ Verbal and physical aggressive behaviours towards her family members; ➢ Suicidal threats; ➢ Skipping school; ➢ Refusal to collaborate with the services put in place; [ 7 ] The parents actively seek services to accompany them and their daughter to operate changes in the adolescent’s behaviours.

These are to little avail as the adolescent refuses to recognize a problematic and fails to implicate herself. [ 8 ] This situation intensifies until October 2, 2015, when a police intervention is necessary following the adolescent’s refusal to return home from a friend’s and concurrent suicidal threats. The police officers resort to handcuffing her as she resists their interventions and is out of control. She is transported to the hospital and shows signs of drug use, where she again refuses to cooperate with the

professionals. [ 9 ] As the parents declare being overwhelmed by their daughter’s behaviours and fearing for her security, they ask for her placement. The Director of Youth Protection applies an immediate protective measure, which the Court confirms on a provisional basis. [ 10 ] The parents are collaborative and open to receiving services to regain the respect of their authority. [ 11 ] The parties jointly submit that the adolescent’s passage in a reception center has a positive impact.

Not only does it serve in restoring her equilibrium, but the placement further incites realizations as to the impact and consequences of her behaviours not only on herself, but on her family dynamic. [ 12 ] During the period of provisional placement, the contacts between the adolescent and her family are generally positive, although elements of confrontation are still present. [ 13 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances. [ 14 ] At this juncture, the improvements as to X’s behaviours and her consequent realizations are sufficient to conclude that further protective services can be applied in her home environment. [ 15 ] The mother cites certain concerns as to her daughter’s return.

She stipulates expecting that X adhere to the rules of the household and adopt respectful behaviours. The mother further details the expectations, which are clear and reasonable (no skipping school, clean her room, do chores, no confrontations). [ 16 ] The adolescent realizes needing to adopt strategies to control her emotions and avoid the escalation of conflicts, and to this end, accepts the services of an educator.

As to her drug consumption, she states not considering having a dependency, but is open to participate in an evaluation of her drug consumption and follow the recommendations, if such is the case. [ 17 ] In view of the facts, the Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion for protection; [ 20 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioural disturbance; [ 21 ] ENTRUSTS the adolescent to her parents; [ 22 ] ORDERS that the adolescent and her parents report periodically to the Director of Youth Protection on the measures the apply in their own regard to put an end to the situation; [ 23 ] RECOMMENDS that the adolescent continues to receive help for her drug consumption and that she follows the recommendations made following her drug consumption evaluation; [ 24 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 26 ] TAKES ACT that the adolescent and her parents will receive the services of an educator, as long as deemed appropriate; [ 27 ] ALL THESE MEASURES for a period of 9 months; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Marie-Ève Garceau Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 28, 2015