2013 QCCQ 8691, 2013 QCCQ 8691

Protection de la jeunesse — 133096 2013 QCCQ 8691 CANADA PROVINCE OF QUEBEC DISTRICT OF [...] JL 4031 COURT OF QUEBEC YOUTH DIVISION No: 525-41-013329-032 DATE : May 9 th , 2013 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X born on [...], 1997 Adolescent And A B parents ______________________________________________________________________ J U D G M E N T (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 his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby gives reasons for the decision rendered further to the hearing held on May 9 th , 2013, as required by

Section 90 of the Youth Protection Act. [ 2 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to revise an order rendered by the undersigned on February 5 th , 2013, entrusting the adolescent to her father with aid, counsel and assistance and other corrective measures, the whole for a period of one year. [ 3 ] More particularly, the Director alleges the following: 3.1. the adolescent was entrusted to the care of the father; 3.2. an educator was working with the family; 3.3. since the adolescent was entrusted to the father, her behaviours rapidly became out of control; 3.4. the adolescent was not taking her medication; 3.5. the adolescent was missing school and while in school, was exhibiting behavioural problems; 3.6. a few times since being entrusted to the care of the father, the adolescent threw tantrums during which holes were made in the walls; 3.7. on March 13, 2013, the adolescent took a table and threw it at the educator;

3.8. the adolescent then took a knife and acted as if she was going to stab herself; 3.9. on March 13, 2013, immediate protective measures were invoked and the adolescent was placed in a rehabilitation centre; 3.10. the adolescent was not respecting the father's authority, nor the house rules; 3.11. the adolescent often screamed at the father; 3.12. the father is overwhelmed with the situation and has admitted not being able to manage the adolescent's behaviours; 3.13. at the present time, the behaviour of the adolescent requires the structure of a rehabilitation centre; [ 4 ] The Director is recommending that the adolescent remain in a rehabilitation centre with aid, counsel and assistance and other corrective measures, the whole for a period of one year. [ 5 ] The mother is absent.

She is presently detained at A prison but consents to the measures proposed by the Director. With the other parties' consent, the Court proceeds in her absence. [ 6 ] The father, assisted by Me Brunet, makes a general admission of the allegations and consents to the measures proposed by the Director. [ 7 ] X , assisted by Me Morin, makes a general admission of the allegations and consents to the measures proposed by the Director; she wishes to have weekend visits with her father. [ 8 ] The facts establish that X continues to exhibit difficult behaviour at home and at school.

She is regularly aggressive at home, stays out late or even overnight without permission. The father has done his best to meet his daughter's needs but has not been able to provide her with the structure and supervision she needs. Despite the implementation of educator services to help the father become firmer in handling his daughter and promises made by X to respect the rules, she remains rude and defiant.

The situation has been having an impact on the father's health. [ 9 ] A psychological evaluation completed in April 2013 states that " X has a great deal of difficulty controlling her anger and making appropriate choices ." (D-2, page 3) [ 10 ] There have also been difficulties in getting X to take her prescribed medication regularly. [ 11 ] It would also appear that X is not happy at home and feels that she is not getting the attention she needs. [ 12 ] The situation came to a head, leading to X 's placement under court order on March 15, 2013. [ 13 ] At this time, the DYP wants to maintain X in a rehabilitation centre but find a foster home that would be able to meet her needs.

X wants to be involved in finding the appropriate home. Hopefully, this can happen within the next six months or so and preferably, prior to the beginning of the next school year so as to avoid a change of schools. [ 14 ] The Court is of the opinion that the measures proposed by the Director are in X 's best interest. [ 15 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 16 ] GRANTS the Motion for Revision ; and [ 17 ] DECLARES that the security or development of the adolescent is still compromised; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ORDERS that X be entrusted to a rehabilitation centre; [ 20 ] AUTHORIZES a gradual integration to a foster home during this period when the appropriate resource is found and X 's behaviour allows it; [ 21 ] STRONGLY RECOMMENDS that X take her prescribed medication daily; [ 22 ] ORDERS that X attend school daily; [ 23 ] ORDERS that contact between Mr.

B and X be maintained; [ 24 ] ORDERS a person working for A Centres to provide aid, counsel and assistance to the adolescent and the family; [ 25 ] THE WHOLE FOR A PERIOD OF ONE YEAR ; [ 26 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 27 ] ORDERS the execution of this judgement by any peace officer, if necessary;

TOWN A, this 28 th day of May 2013 _______________________________________ CLAUDE LAMOUREUX, J.C.Q. Me Isabelle F. Loranger Attorney for the Director Me Marc Morin Attorney for the adolescent Me Richard Brunet Attorney for the father Hearing date: CL/nl May 9 th , 2013