r v. A, 2014 QCCQ 18235

Protection de la jeunesse — 146442 2014 QCCQ 18235 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004195-122 DATE: August 4, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2000 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A Parent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a adolescent or the adolescent’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 order rendered on September 16, 2013 concerning X, born on […], 2000. [ 2 ] In virtue of the last judgment, the Court applies various protective measures until August 30, 2014, including the adolescent's continued placement in foster care.

Notably, the Court orders that the adolescent benefit from a follow-up with [Organism A] [ 3 ] The motion alleges that since the last judgment, the adolescent's evolution remains fluctuating, justifying the extension of protective services measures for one year, as well as the revision of her placement towards a rehabilitation center. [ 4 ] The adolescent and her mother consign their admissions to the Court record, and agree to the conclusions sought by the Director.

The mother raises an additional issue concerning the mental health services to be put in place for her daughter (details below). [ 5 ] Analysis and decision [ 6 ] In the foster home setting, the adolescent continues to exhibit behavioural difficulties, which inhibit her functioning in her school and home environments.

Specifically, the parties recognize the following difficulties: ➢ Opposition; ➢ Disrespectful of rules and consequences; ➢ Verbal aggressiveness; ➢ Maintaining routines as to personal hygiene; ➢ Lack of organization, especially as to her schooling; [ 7 ] Until January 2014, the adolescent benefits from mental health services, which include further evaluations to better situate her needs. In April, the adolescent's receives a revised diagnosis of Reactional Attachment Disorder (RAD). Presently, the process is ongoing as to specifying and putting in place the appropriate services and for the adolescent.

As yet, [Organism A] has not made specific recommendations following the revised diagnosis. [ 8 ] In June, a review of the adolescent's situation leads to the mutual determination that that the foster home setting is no longer

able to respond to her needs, especially in view of her increasing behavioural issues. On June 17 th , the Court grants a petition entrusting the adolescent to a rehabilitation center, on a provisional basis. [ 9 ] Since her transfer to a group home, the adolescent's behaviours improve significantly, especially relating to the main difficulties relating to hygiene, self-control and following the rules. The adolescent is able to involve herself in the establishment of rules and consequences, as well as explore her emotions. [ 10 ] Until January 2014, the adolescent visits her mother regularly.

They work on rebuilding their relationship and there is a positive, yet fragile, evolution. The situation becomes tenser after the last hearing, as the adolescent disputes her mother's position to restrict visits with her grandparents and biological father. [ 11 ] During the Christmas holidays, a crisis occurs during X's visit home, forcing it to be cut short. Both the mother and daughter recognize a build-up of tensions leading to the incident during Christmas. [ 12 ] Afterwards, the adolescent requests to suspend contacts with her mother, stating that she feels her behaviours are constantly under scrutiny.

She also names her discouragement, as she feels that she fails to live up to her mother's expectations. Since that time, the contacts occur through telephone calls and Internet communications. [ 13 ] Recently, the adolescent requests that visitation with her mother resume. The parties will meet to discuss and establish a calendar of contacts between X and her mother. All agree that it is important that these contacts be positive and beneficial for the adolescent.

To these ends, it is important to consider the logistical issues brought forth by the mother's work schedule, in order to ensure regular and predictable visitation. [ 14 ] The adolescent continues to visit her grandparents. The parties agree to the lifting of supervision of the paternal grandparents contacts, as of March 2014. The Director continues to work towards maintaining these relationships, which remain positive for the adolescent. The biological father remains uninvolved. [ 15 ] The mother testifies to her involvement and wishes to gain a better understanding of her daughter.

As to the mental health services to be put in place, she underlines that in the past, her daughter receives services from the Hospital A and that they are well aware of her situation. She prefers that her daughter be referred to this institution. [ 16 ] On this issue, X is ready to receive mental health services, but doesn't wish to return to the Hospital A, as she has negative memories of her passage.

Notwithstanding, she is open to discussion as to the most appropriate means of going forward in her best interests. [ 17 ] The caseworker indicates that the reports from Hospital A are available to them, which include a diagnosis, but no recommendations. Notwithstanding the services put in place, the results of the previous follow-up would be taken into consideration.

The Director doesn't disagree with the mother's proposal, but suggests that the parties discuss what specific services are pertinent, once they receive clarification of the recommendations. [ 18 ] The Court is satisfied that at this juncture, it should remain in the hands of the parties to further evaluate and discuss the best way of moving forward on this issue. It is especially important to consider the adolescent's position, in order to promote her cooperation - an essential element to her progressing.

The Court reserves the mother's right to seek a second opinion as to her daughter's mental health diagnosis, should she deem such pertinent. [ 19 ] After considering the evidence, the Court concludes that the security and the development of the adolescent remain in danger, justifying that protective measures remain in force. The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interests, while concurrently receiving the approval of the parties.

Additionally, the Court notes the specific intentions of the parties to further clarify the measures. [ 20 ] FOR ALL THESE REASONS, THE COURT: [ 21 ] GRANTS the motion for revision and extension of a Court decision; [ 22 ] DECLARES that the security and development of the adolescent are still in danger; [ 23 ] ORDERS that the adolescent be entrusted to a rehabilitation center; [ 24 ] ORDERS that a person working for an institution or a body provides aid, counseling and assistance to the adolescent and her mother; [ 25 ] ORDERS that the contacts between the adolescent and her mother be determined following mutual agreement between the parties; [ 26 ] ORDERS that the adolescent and her mother participate actively to the measures ordered; [ 27 ] ORDERS that the adolescent continues to receive the medical services required for her mental health; [ 28 ] RECOMMENDS that organism A produce, as soon as possible, a complete report as to their diagnosis of the adolescent's mental health; [ 29 ] TAKES ACT that the mother reserves her right to seek a further medical opinion as to her daughter's mental health diagnosis; [ 30 ] ORDERS the adolescent not to communicate with Mr.

B, save following mutual agreement between the parties;

[ 31 ] TAKES ACT of the mother's intention to not permit said contacts, save should Mr.

B claim his legal rights; [ 32 ] ORDERS that the contacts between the adolescent and her maternal grand-parents be supervised, unless otherwise agreed upon by all the parties; [ 33 ] ORDERS that the contacts between the adolescent and her paternal grand-parents be upon mutual agreement between the parties; [ 34 ] ALL THESE MEASURES until August 4, 2015; [ 35 ] 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 Mylène Francoeur Attorney for the Petitioner Me Karine P.

Poissant Attorney for the adolescent Date of hearing: August 4, 2014