2010 QCCQ 15756, 2010 QCCQ 15756

Protection de la jeunesse — 106434 2010 QCCQ 15756 JL3389 QUÉBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-023892-102 DATE : December 9 th , 2010 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of X Born on […], 1996. [SOCIAL WORKER 1], in her capacity as person duly authorized by the Director of Youth Protection A applicant - and - A , the mother - and - B , the father (deceased) respondents ______________________________________________________________________ JUDGMENT (section 38 Y.P.A.) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on December 9 th , 2010. [ 2 ] The Court is seized in conformity with

section 38 of the Youth Protection Act with a demand that the security or development of X be declared to be in danger for the reasons alleged in paragraph 3 of the declaration. [ 3 ] Essentially, le Director of Youth Protection sustains: 3.1 The relationship between the mother and the adolescent is conflictual; 3.2 The adolescent does not always respect the mother's authority nor curfews and house rules; 3.3 The adolescent states the mother is verbally abusive towards her, calling her a drug addict, prostitute and other denigrating names; 3.4 In August of 2010, the adolescent did not come home and the mother called the police; 3.5 The adolescent was later found at the home of an adult man suspected of juvenile prostitution; 3.6 The adolescent stated that she went there to visit the sister of the adult man and denied any involvement with him; 3.7 The mother found a bottle of vodka and rolling paper in the adolescent's room;

3.8 After the incident of August 2010, the adolescent and the mother made a set of house rules that were respected; 3.9 On September 30 th 2010, the adolescent requested placement; 3.10 Her request was made after a fight with her mother pursuant to an attempt to set new house rules; 3.11 The adolescent reports that, on that occasion, the mother was verbally abusive towards her; 3.12 On September 30 th 2010, immediate protective measures were invoked and the adolescent was entrusted to a rehabilitation centre; 3.13 On September 30 th 2010, the adolescent and the mother signed provisional measures and the adolescent remained in a rehabilitation centre; 3.14 On October 18 th 2010, the adolescent tested positive for Marijuana; 3.15 At the present time, the adolescent is not ready to go back into the mother's care; 3.16 At the present time, the mother is not ready to have the adolescent back into her care as she feels that changes need to be made before the adolescent's return home; [ 4 ] The Director of Youth Protection recommended that X be entrusted her mother's care with social follow up for a period up until June 11 th 2011, and that measures be applied in order to correct the situation, as appears in the Court record. [ 5 ] The mother, through her attorney, made a general admission of the allegations of the procedure and declared that she was in agreement with all the measures proposed by the Director of Youth Protection, as appears in the Court record. [ 6 ] The adolescent, through her attorney, declared to be in agreement with the measures recommended by the Director of Youth Protection, as appears in the Court record [ 7 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: Child's birth certificate; D-2: Police reports event number 08-100819-011, filed under

section 294.1 C.c.p.; D-3: Court report, prepared by [Social Worker 1] dated November 17 th , 2010; [ 8 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 9 ] The Court finds from the evidence, that X (14 years old) has been manifesting problematic behaviours in that she has been associating with elder men, is often unable to account for her whereabouts, does not respect house rules and has tested positive for marihuana.

In addition, X and her mother have a conflictual relationship which has led the adolescent to ask to be placed in rehabilitation centre in October 2010. [ 10 ] The family has been through difficult times while living in […].The mother left […] with X in 2001 and learned in 2004 that her husband had died in […] in 2003. [ 11 ] The family has sought help from the CLSC in April 2010, to address the mother-daughter conflict as well as X behaviours. This was helpful, but another crisis arose in August and the situation deteriorated once again. [ 12 ] Both X and her mother want to work at improving their relationship.

The family has been accepted into the Transition- Diversion Program and are committed to collaborate with the services provided. [ 13 ] Therefore, having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the allegations have been proven to its satisfaction and permit the measures to be applied. [ 14 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X are considered to be in danger within the meaning of the Youth Protection Act. [ 17 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 18 ] ENTRUSTS the adolescent to her mother’s care; [ 19 ] ORDERS that both Israh and her mother collaborate with and follow the recommendations of Transitions-Diversions Program, including the use of respit when necessary; [ 20 ] ORDERS that aid, counsel and assistance be provided to X and her family;

[ 21 ] The WHOLE until June 9th, 2011; [ 22 ] ENTRUSTS the situation of X to the DYP of A who shall then see that the measures are carried out and these measures may be executed by any peace officer if necessary; SIGNED AT TOWN A __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Isabelle Loranger Attorney for the applicant M e Marie-Josée Lavigueur Attorney for the adolescent M e Francis Cloutier Attorney for the mother Judgment rendered orally on December 9 th 2010. ML/mlm