r v. A, 2016 QCCQ 6486

Protection de la jeunesse — 162654 2016 QCCQ 6486 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005029-163 DATE: March 14, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 1998 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 alleging that the security and development of the adolescent X are in danger in reason of educational neglect and serious behavioural disturbances.

In order to respond to the situation of endangerment, the Director seeks the application of various measures of aid and counsel until the adolescent’s majority, as well as her entrustment in a rehabilitation center. [ 2 ] Both the adolescent and her parents consign their admissions and agreement to the conclusions sought. [ 3 ] Analysis and decision [ 4 ] The Director of Youth Protection intervenes in the situation of the adolescent as of October 2015. [ 5 ] At that time, the adolescent resides with her parents. [ 6 ] Increasingly, the adolescent presents behavioural issue, namely: • Substance abuse (Zanax, alcohol, speed, cocaine, cannabis) • Running away from home for lengthy periods; • Associating with inappropriate peers; • Verbal and physical aggression; • Opposition to parental authority; [ 7 ] More notably, the adolescent admits to having been to various parties and suffering various forms of abuse under the influence of drugs and alcohol.

She believes having often been used for ‘’gangbangs’’ during these activities, although she has little recollections of these events. [ 8 ] The adolescent has little routine and often sleeps all day. Expelled from school more than two years ago, she has neither structured activities nor determined ambitions for her future. [ 9 ] The adolescent denies any problems and refuses to collaborate with the services offered.

[ 10 ] The parents collaborate actively with the evaluation. They recognize being overwhelmed with their daughter’s behaviours and fearful for her safety, especially in relation to her substance abuse and leaving home for days on end. [ 11 ] Albeit that they are well-intended and have their daughter’s best interests at heart, the parents fail to apply coherent and consistent structure, which is a contributory factor to the degeneration observed. They often back away from applying consequences, fearing their daughter’s reactions or her removal from the family environment.

This laxity promotes the adolescent’s lack of life structure and failure to develop positive activities and goals. [ 12 ] The parents also often disagree as to daughter’s situation, contributing to a conflictual family dynamic. [ 13 ] On January 14, 2016, the parents contact the police in order to report that their daughter has run away from the home with inappropriate peers. She returns and makes suicidal verbalisations.

Transported to the hospital, blood tests confirm the presence of MMDA, cannabis and cocaine. [ 14 ] The parents expressing no longer being able to adequately address their daughter’s problematic behaviours, immediate protective measures are put in place entrusting the adolescent to a rehabilitation center, situation which the Court prolongs on a provisional basis and remains in place. [ 15 ] Initially, the adolescent is un-collaborative, refuses to eat and remains in opposition to the structure in place.

She transfers to another facility in February and since that time, her functioning is more positive, although not altogether collaborative. She still refuses a follow-up for substance abuse, denying any addiction. She fails to assume responsibility as to her situation, referring to well-ingrained defence mechanisms. [ 16 ] The father testifies that his daughter is now showing improvement as to her behaviours. X’s weekend visits home are generally positive. She is more respectful, cooperative and receptive to her parent’s authority.

She is learning to control her emotional outbursts. [ 17 ] She intends looking for work and re-applying for school. [ 18 ] The adolescent’s placement to a structured and neutral environment permits that she commences the work towards recognizing and adopting socially-acceptable behaviours.

Concurrently, the intervention accompanies the parents in imposing clear limits and consequences on their daughter and to forming a team to ensure cohesiveness. [ 19 ] Soon to become an adult, it is imperative that X acquire a balanced and healthy lifestyle in order that she be available to work towards her eventual autonomy. [ 20 ] 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 and educational neglect.

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. [ 21 ] FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the motion for protection; [ 23 ] DECLARES that the security and development of the adolescent are in danger in reason of educational neglect and serious behavioural disturbance; [ 24 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre; [ 25 ] ORDERS that the contacts between the adolescent and her parents be following agreement between the parties; [ 26 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 28 ] ALL THESE MEASURES until her majority on [...], 2016; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: March 14, 2016