r v. A, 2016 QCCQ 6488

Protection de la jeunesse — 162656 2016 QCCQ 6488 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005049-161 DATE: March 14, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 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 the development of the adolescent X are in danger in reason of a situation of serious behavioural disturbances and educational neglect.

In order to respond to the endangerment, the Director seeks the application of various measures of aid and counsel for one year, as well as maintaining the adolescent in a rehabilitation center for the next three months. [ 2 ] The parties consign their admissions. The parents agree with the Director’s orientation.

Entrusted to a rehabilitation center on a provisional basis, the adolescent asks that the Court return her to her family environment. [ 3 ] Analysis and decision [ 4 ] On January 7, 2016, the Director of Youth protection retains a report concerning the adolescent, in relation to serious behavioural disturbances. [ 5 ] At that time, the adolescent resides with her parents. [ 6 ] For the last two years, X presents increasingly problematic behavioural issues which the parents are unable to structure, namely: • Substance abuse (cannabis, speed, alcohol) • Running away from home for lengthy periods; • Associating with inappropriate peers; • Verbal and physical aggression; • Suicidal verbalisations; [ 7 ] The school suspends the adolescent in reason of her disrespectful attitude and class skipping.

She has neither routine, structured activities nor determined ambitions for her future. [ 8 ] In March and December 2015, the adolescent’s hospitalisation is necessary after she makes suicidal verbalisations.

[ 9 ] The family dynamic is adversely affected by the conflicts engendered by this situation. The relationship between X and her parents, especially her mother, is volatile. The parents also often disagree on how to react to their daughter’s behaviours. [ 10 ] Albeit that they are well-intended, the parents fail to apply coherent and consistent structure as to their daughter. They often back away from applying consequences, fearing their daughter’s reactions.

This laxity promotes the adolescent’s lack of life structure and failure to develop positive activities and goals. [ 11 ] The parents also often disagree as to daughter’s situation, contributing to a conflictual family dynamic. [ 12 ] The parents collaborate actively with the evaluation.

They recognize being overwhelmed with their daughter’s situation and being fearful for her security, especially in relation to her substance abuse and leaving the home for days on end. [ 13 ] The adolescent denies any problems and refuses to collaborate with the services offered. [ 14 ] 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 is found by the police with an adult friend and refuses to collaborate with them. [ 15 ] The parents express not being able to adequately address their daughter’s problematic behaviours and 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. [ 16 ] In the rehabilitation center setting, the adolescent is able to center herself and respect the structure in place.

She commences the process of change in order to promote her return home, but still fails to recognize the severity of her problematic behaviours. [ 17 ] X’s weekend visits home are generally positive. [ 18 ] The adolescent’s placement to a structured and neutral environment permits that she commence the work towards recognizing and adopting socially-acceptable behaviours. Concurrently, the intervention accompanies the parents in offering clear limits and consequences on their daughter and to maintaining a consistent response to her behaviours.

They must also learn the importance of forming a parental team in order to remain coherent. [ 19 ] The adolescent considers that she can return home with the services in place, citing the improvements in her functioning since her provisional placement. The parents disagree, considering that her return is premature and that there is a further need for integration of the changes seen.

Within its evaluation of the evidence, the Court must give this joint parental position determining weight in its evaluation, as they are the first responders to their child’s problematic behaviours and are also a contributing element to its resolution. [ 20 ] Therefore, 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 reasons of neglect on the educational level and serious behavioural disturbance; [ 24 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre for 3 months; [ 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 a body provides aid, counselling and assistance to the adolescent and her family for a period of one year; [ 28 ] 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 Michel Robert Attorney for the Adolescent Date of hearing: March 14, 2016