2012 QCCQ 8711, 2012 QCCQ 8711

Protection de la jeunesse — 121067 2012 QCCQ 8711 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-022823-090 DATE: March 22, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […] - and - A - and - B (deceased) Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of March 22, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension of an order rendered March 14, 2011, entrusting the adolescent to a rehabilitation centre for a period of one year with a social follow-up for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent stayed at the same rehabilitation centre; • The adolescent ran away on numerous occasions for different periods of time, ranging from a few hours to a few weeks; • The last time the adolescent ran away was on December 2, 2011, when she was supposed to go home for a weekend visit but never arrived; • The adolescent was found at the mother’s home on January 3, 2012; • The adolescent was academically successful during her school year; • The relationship between the mother and the adolescent remains difficult; • The mother and the adolescent continue to experience communication difficulties when trying to discuss issues and expressing feelings; • In September 2011, the mother began attending a support group for parents with adolescent children on a monthly basis. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of nine months and that a social follow-up be provided to the family for a period of one year. [ 5 ] The mother admits the facts alleged in the motion and agrees with the recommended measures.

However, the mother says that if her daughter does not attend all the sessions of the family counselling she will not agree to participate again. The mother says that she agrees

to receive her daughter next weekend. [ 6 ] The adolescent admits the majority of the facts alleged in the motion, but does not agree with the recommended measures. The adolescent is asking to be entrusted to her mother’s care or the return home as soon as possible. The adolescent says that she understands that she has made bad choices, particularly when she ran away. The adolescent is participating in individual counselling sessions and says she wants to continue. [ 7 ] The Court also read the reports that the Director filed as proof of the adolescent’s situation.

The evidence reveals that the adolescent has difficulty respecting authority and rules. The adolescent has difficulty expressing her preoccupations and her feelings, particularly to her mother. Therefore, there are many subjects which are not discussed, including why the adolescent runs away. [ 8 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre for a period of nine months and that a social follow-up be maintained with the family for the period of one year.

It would be important for the adolescent and her mother to participate in family counselling in order to solidify the relationship between them. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] EXTENDS the order rendered March 14, 2011; [ 14 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre for a period of nine months; [ 15 ] ORDERS that the adolescent and the mother participate in family counselling and TAKES JUDICIAL NOTICE that they agree to do so; [ 16 ] ORDERS that the adolescent receive all health care services required by her situation more particularly, that the adolescent participate in individual counselling; [ 17 ] TAKES JUDICIAL NOTICE that the adolescent agrees to participate in individual counselling; [ 18 ] RECOMMENDS that the mother participate in a support group or other programs and RECOMMENDS that DYP suggest programs in which the mother can participate; [ 19 ] ORDERS that aid, counsel and assistance be provided to the family for a period of one year; [ 20 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 21 ] ORDERS the execution of the present order by any peace officer.

Signed March 26, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Isabelle Loranger Counsel for the Director of Youth Protection Me Karine Doherty Counsel for the adolescent Date of hearing: March 22, 2012