r v. A, 2014 QCCQ 17973

Protection de la jeunesse — 145881 2014 QCCQ 17973 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004051-119 DATE: August 14, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 1997 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 revision and extension of a Court decision rendered on January 22, 2014 concerning X, born on […], 1997. [ 2 ] In virtue of the preceding judgment, the Court prolongs protective measures for 6 months, including entrusting the adolescent in a rehabilitation center.

These measures remain pertinent in view of the adolescent's serious behavioural difficulties, which include substance abuse. [ 3 ] The Director's motion contends that since the last order, the adolescent makes significant strides in addressing the issues compromising her security and development. Considering her imminent adulthood, the inability of her family to ensure her care as well as her continued need for accompaniment, the Director suggests the extension of measures until majority. [ 4 ] The Court proceeds in the absence of the parents.

The mother receives service of the motion and advises the caseworker of her absence and agreement to the measures. As for the father, he is of unknown address and has no implication in his daughter's life. [ 5 ] The adolescent consigns her admissions in the Court file and agrees to the Director's proposal as to the measures. [ 6 ] Analysis and decision [ 7 ] Since the last judgment, the adolescent makes efforts to stem her difficulties, while progressing towards her autonomy. She is attending school, while working part-time.

A psychological follow-up is to commence shortly. [ 8 ] Substance abuse remains a live issue with which the adolescent continues to struggle. She is able to stem her consumption to cannabis and continues to receive support through A.A. and N.A. meetings. [ 9 ] The adolescent visits her mother regularly, but the relationship remains fragile. Her father is uninvolved in her life. [ 10 ] Considering the improvements in the situation, in June 2014, the adolescent gradual reintegrates in her maternal environment. [ 11 ] In July, the mother relocates to [Province A].

She entrusts X with her maternal grandfather, with the knowledge that he is unable to assume her long-term. X is left with little resources. The mother informs the caseworker that she cannot assume her daughter's care. [ 12 ] Subsequently, the parties agree that the adolescent integrate a supervised apartment. In this setting, she functions generally

well, although she still requires structure and support. [ 13 ] The objective is to offer protective services to the adolescent until her majority, with her integrating independent living by the end of the year. The services of GEMMA will accompany her and provide assistance through her first year of autonomy. [ 14 ] There are issues pertaining to the mother's availability to sign authorizations permitting the adolescent to accede to an independent apartment, considering her personal situation and geographical distance. The adolescent testifies to speaking to her mother recently and to detailing her plans.

Her mother approves this orientation. [ 15 ] Considering the evidence, the Court considers it appropriate to permit the Director of Youth Protection to exercise parental authority concerning the adolescent's domicile, should the mother be unavailable to do so within a reasonable delay. [ 16 ] After taking into consideration the parties' admissions, the testimonial as well as documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the adolescent are still in danger; [ 20 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 21 ] TAKES ACT that the adolescent is presently living in a supervised apartment setting; [ 22 ] RESTRAINS certain attributes of the mother's parental authority in regards to the elected domicile of the adolescent in default of her exercising such authority within 72 hours of a request to this effect; in such case AUTHORIZES the Director of Youth Protection to sign the consents required; [ 23 ] AUTHORIZES the adolescent to integrate independent living, if the situation allows it; [ 24 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the child and her family; [ 25 ] ORDERS that the adolescent and her mother take an active

part in the application of any of the measures; [ 26 ] ALL THESE MEASURES until majority on [...], 2015; [ 27 ] 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 Caterine Caron Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: August 14, 2014