2015 QCCQ 17396, 2015 QCCQ 17396

Protection de la jeunesse — 159595 2015 QCCQ 17396 JN 0300 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT [...] No: 525-41-029530-151 DATE: October 6, 2015 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE JACQUES A.

NADEAU, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A YOUTH AND FAMILY CENTERS, Director and X (born on […], 1999), Adolescent and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ON A MOTION FOR REVISION AND EXTENSION (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or of his parents.

Any person who contravenes this provision commits an offence and is liable to a fine (Sections 11.2, 11.2.1 and 135 of the Y.P.A. ). [ 1 ] The Court intends, by this judgment, to confirm in writing its reasons for the decision rendered during the hearing held on October 6, 2015. [ 2 ] The Court is seized of a Motion for Revision and Extension filed by a person duly mandated by the Director of Youth Protection of A Youth and Family Centres (hereafter, « the Director ») on August 28, 2015, pursuant to Subsections 95 (1) and (2) of the Youth Protection Act , to revise and extend the order rendered by the undersigned on April 30, 2015. [ 3 ] After this judgment was rendered, X went AWOL a few days later and it is only on August 17 th that the police found her with a twenty-seven year old man in what was described as a « crack » house. [ 4 ] The police found cocaine residue in two vials while searching the adolescent's personal effects.

X admitted to having consumed speed and marijuana while also begging for money on the streets in order to pay for her drugs. [ 5 ] It was also discovered that the adolescent's cellular phone contained several text messages and phone calls exchanged with her

mother. [ 6 ] X explained that she had been at home for most of her AWOL. [ 7 ] On August 28, 2015, the Court orders the provisional compulsory foster care of the adolescent in a rehabilitation centre, while also ordering a number of interim measures until the hearing of the Motion for Revision and Extension . [ 8 ] On October 6, 2015, as a principal measure, the Director recommends that the adolescent be maintained in a rehabilitation centre for a period of nine (9) months.

The Director also recommends other measures which are meant to resolve the situation which has put the security and development of the adolescent in danger, as appears from the Court Report filed as Exhibit D-1, for a period of one (1) year. [ 9 ] The mother is present at the hearing and despite being informed of her right to representation by an attorney, she elects to proceed without such assistance. She makes a number of admissions and declares that she his in agreement with the Director’s recommendations. [ 10 ] The father is absent at the hearing.

Considering the letter of the father confirming his agreement with the measures proposed by the Director, the Court accepts to proceed in his absence. [ 11 ] The adolescent is also present at the hearing. Her attorney proceeds to make several admissions on her behalf and agrees with the measures sought by the Director. [ 12 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 13 ] As for a result of X's AWOL, she did not complete the 2014-2015 school year. She is attending school on campus at Dawson Alternative.

She realizes that she has to focus in school to at least obtain a high school diploma. [ 14 ] This being said, X continues to minimize the risk she puts herself in while in the community, particularly with respect to her acquaintances and substance abuse issues. [ 15 ] At this point in time, X needs a stable and structured living environment which her mother is not able to provide. [ 16 ] Hopefully, during the placement period, X will address her personal issues while her mother strengthens her parenting skills by providing X with consistent structure and consequences when she is in her care.

X needs to assume responsibility for her behaviours while also respecting her mother's authority. [ 17 ] After having received the admissions, taken into consideration the position of the parties and the Court Report filed in the Court record, the Court concludes that the preponderance of the evidence establishes that the security and development of the adolescent are still in danger pursuant to the Youth Protection Act . [ 18 ] The Court is also of the opinion that the measures proposed by the Director are in the interest of the adolescent. [ 19 ] AS A RESULT AND FOR THESE REASONS, THE COURT HEREBY: [ 20 ] GRANTS the Motion for Revision and Extension ; [ 21 ] DECLARES that the security and development of the adolescent, X Thomson Armitage, are still in danger pursuant to the Youth Protection Act ; [ 22 ] AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT: [ 23 ] ORDERS that the adolescent remain in rehabilitation centre for a period of nine (9) months; [ 24 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 25 ] PROHIBITS contacts between the adolescent and Mr.

C; [ 26 ] ORDERS that the adolescent attend school daily; [ 27 ] STRONGLY RECOMMENDS that the adolescent undergo random drug testing when requested to do so; [ 28 ] STRONGLY RECOMMENDS that the adolescent undergo a drug and alcohol assessment and follow the recommendations resulting therefrom; [ 29 ] STRONGLY RECOMMENDS that the adolescent engage in a therapeutic process to address her issues; [ 30 ] STRONGLY RECOMMENDS that the adolescent benefit from individual psychological counselling; [ 31 ] ORDERS that the mother collaborate with the Director of Youth Protection and meet with the social worker upon request; [ 32 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 33 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, for the

purposes of executing these measures; [ 34 ] ORDERS the execution of this judgment by any peace officer, if necessary; [ 35 ] ALL OF THESE MEASURES , with the exception of the placement period, will be in force for a period of one (1) year. Signed and filed on December 8, 2015 _______________________________________ JACQUES A. NADEAU, J.C.Q. Mtre Isabelle Loranger AI0942 Attorney for the Director Mtre Alec Fafard AF7221 Attorney for the adolescent Hearing date: October 6, 2015 JAN/mcl