2015 QCCQ 19696, 2015 QCCQ 19696

Protection de la jeunesse — 157057 2015 QCCQ 19696 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030058-150 DATE : September 17, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 1998 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 September 17 th , 2015. [ 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 behavioural disturbances. The Director is asking that the adolescent be entrusted to a rehabilitation centre for a period of six months and that youth protection services be offered to the family until majority. [ 3 ] The mother admits all the facts alleged in support of the motion.

She is in agreement with the recommendations of the Director. [ 4 ] The adolescent admits essentially all the facts in support of the motion except that her use of drugs and alcohol is not, according to her, on a regular basis and that she is not pregnant. [ 5 ] The adolescent is also in agreement with the involvement of the Director and the recommended period of placement in a rehabilitation centre. CONTEXT

[ 6 ] In early August 2015, the situation of the adolescent is signalled to the Director. The evaluation reveals that the youth consumes drugs and alcohol and associates with peers who do the same. [ 7 ] She has stolen from the home and sold a television set belonging to her mother. [ 8 ] Despite her age, she has worked in a nightclub.

She does not respect house rules and fails to inform her mother of her whereabouts. [ 9 ] In school, she has performed poorly and has frequently been absent from school during the last school year. [ 10 ] In mid-June 2015, the adolescent was the victim of a physical aggression at the hands of her boyfriend. Following his arrest, the young man was imposed conditions not to come in contact with the adolescent. On August 7 th , 2015, the adolescent was missing from home.

Soon after, the police found her in her boyfriend's home, hiding. [ 11 ] In 2014, while the mother was absent from home, the youth held a party without authorization. Drugs and alcohol were consumed and damages were caused to the home for an amount of approximately 2000 $.

In 2015, again during a mother's absence, the adolescent drove, without permission and without a driver's licence, the mother's boyfriend car. [ 12 ] The mother feels overwhelmed by the situation and has some choices to make in that it seems impossible for the youth to be reintegrated at her mother's home as the mother's boyfriend is opposed to it.

The mother expresses clearly that she will have to find another apartment when it is time for the youth to be reintegrated home. [ 13 ] The adolescent now considers that it is not in her best interest to continue to have a relationship, at least for the time being, with her boyfriend. She agrees to no longer see him. [ 14 ] The Director has established the necessity for youth protection services to be provided. The measures recommended meet the needs of the adolescent and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 15 ] DECLARES that the security and the development of the adolescent are compromised; 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: [ 16 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a maximum period of six (6) months; [ 17 ] TAKES NOTE of the commitment of the adolescent not to be in contact with Mr. C; [ 18 ] ORDERS the adolescent not to be in contact with Mr.

C; [ 19 ] RECOMMENDS that the adolescent attend and participate in counselling; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her familiy until her age of majority; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Christian Benoît Attorney for the adolescent Date of hearing : September 17 th , 2015