2018 QCCQ 14471, 2018 QCCQ 14471

Protection de la jeunesse — 185041 2018 QCCQ 14471 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41- 033496-183 DATE : February 21, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on February 21, 2018. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent alleging that her security and development are compromised due to serious behavioral disturbances. [ 3 ] The Director is asking that the adolescent be entrusted to the care of the parents and that aid, counsel and assistance, along with other measures, be provided until [...], 2019 (majority). [ 4 ] The parents and the adolescent admit most of the facts alleged in support of the application.

They are in agreement with the recommendations of the Director. THE CONTEXT [ 5 ] In February 2017, the adolescent was admitted to hospital for a period of one week, due to suicidal ideations. [ 6 ] In March 2017, the Director became involved with the family. The assessment of the signalement revealed that the adolescent was exhibiting serious behavioral disturbances. She was defiant with her parents’ authority, was frequently absent from school and consuming marijuana on a daily basis.

[ 7 ] The parents were then having difficulty managing her behaviour. After a short period of placement in a rehabilitation center (for two weeks), the situation allowed for the adolescent’s return to the father’s care. [ 8 ] On June 21, 2017, an agreement on voluntary measures was signed by the parents and the adolescent. Ongoing support services were to be provided for a period of eight months. [ 9 ] During that time, the adolescent only minimally attended her therapy sessions. She continued to consume marijuana on a daily basis.

At the beginning of the school year 2017-2018, the adolescent refused to attend A School. She subsequently registered for courses at A Adult and Career Center but did not follow through. [ 10 ] In mid-January, an incident occurred opposing the adolescent to security agents of the [organism A]. Later that night the adolescent presented herself at the Montreal Children’s Hospital emergency. Somehow, the adolescent required restraint and sedation.

She spent the night at the hospital. [ 11 ] The following day, immediate protective measures were invoked and the adolescent was placed in a rehabilitation center. [ 12 ] Following her placement, the adolescent has attended school regularly. She took the initiative to

schedule meetings with her therapist: he planned to meet with her weekly. [ 13 ] At the end of January, the adolescent was introduced to her educator. She seemed to be highly motivated to address her issues, attend school, find a job and follow expectations so that she could, at the end of the compulsory period of placement, return home. [ 14 ] Services are currently provided to the father in order to stabilize his financial situation. In addition, the parents are on good terms and can speak to each other.

The adolescent has expressed happiness in that regard. [ 15 ] The worker states in her report that the adolescent has good potential and that she has been actively reaching out in order to stabilize her schooling. The adolescent has also requested from the worker to be accompanied to meetings, seeking the support of the worker. [ 16 ] Under the circumstances, the worker supports the return of the adolescent to her father’s care. Due to the recent financial difficulties of the father, the Director is requesting that the adolescent be entrusted to the care of her parents.

It should be noted that the plan is for the adolescent to live with her father. [ 17 ] The Director has established that the security and development of the adolescent are compromised due to her behavioral disturbances. [ 18 ] The measures recommended meet the needs of the adolescent and are in her best interest. [ 19 ] AS A CONSEQUENCE AND FOR THESE REASONS, [ 20 ] THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the adolescent are compromised due to serious behavioural disturbances; [ 23 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 24 ] ENTRUSTS the adolescent to the care of her parents, taking note that the plan is for the adolescent to live with her father; [ 25 ] STRONGLY RECOMMENDS that the adolescent continue to receive services from the CLSC; [ 26 ] ORDERS the parents and the adolescent to collaborate with the Director; [ 27 ] ORDERS that the adolescent inform her parents of her whereabouts at all times; [ 28 ] RECOMMENDS that the adolescent either attend school or work; [ 29 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family, including the services of an educator for as long as deemed necessary; [ 30 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociau A , who shall then see that the measures are carried out; [ 31 ] THE WHOLE until the majority of the adolescent.

Signed on March 13n , 2018 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Dominique Douglas Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the adolescent Me Maïa Sureau Attorney for the father Date of hearing : February 21, 2018 MA/lf