2013 QCCQ 2311, 2013 QCCQ 2311

Protection de la jeunesse — 13147 2013 QCCQ 2311 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000516-112 DATE: January 4, 2013 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: x , born on […], 1995 [social worker 1] , t.a.s., exercising her profession at the Centre Jeunesse A, having a place of business at […] in City A, district A (Quebec) […] A , domiciled and residing at […] in City B, district A (Quebec) […] Mother and B, domiciled and residing at […] in City C (Province A) […] Father ______________________________________________________________________ JUDGMENT (Sections 95 (1) and (2) and 75, Y P.A. , R.S.Q. chap.

P-34.1) ______________________________________________________________________ [ 1 ] This written judgment follows the oral statement given by this Court at the end of the audience of November 13, 2012. [ 2 ] The Director of Youth Protection makes an application to revise and extend the decision rendered by this Court on November 21, 2011. The security and development of the adolescent was declared in danger under

section 38

f) of the Youth Protection Act . [ 3 ] The adolescent is present and represented by a lawyer. Both parents are presents and not represented by a lawyer even after the Court explained to them their right in that regard. [ 4 ] The applicant considers that the adolescent's situation is still compromised. She asks the Court to entrust the adolescent to her mother until her majority. [ 5 ] The adolescent admits all the allegations as proven and agrees to live with her mother.

The parents admit all the allegations and agree with the applicant's recommendations. [ 6 ] The Court considers that following the admissions, the reports and the testimonies there is preponderant evidence of the following facts. [ 7 ] On November 21, 2011 the Court entrusts the adolescent to a rehabilitation center for a period of three months due to the adolescent's serious behavioural problems. [ 8 ] The adolescent complies with the rules and the day-to-day operation of the rehabilitation center.

She spends weekends with her mother and she respects the rules as well as her mother's authority. [ 9 ] The adolescent returns to her mother's home and she enrolls in school in City A. At the beginning of 2012, the adolescent's behavioural problems are back. It is more difficult at home and it is mostly at school that the adolescent has trouble respecting authority. [ 10 ] On few occasions the adolescent is suspended from school because of behavioural disturbances and at home she defies her mother's authority.

When outbursts occur the mother applies the proper means to manage them but often finds the situation very exhausting. [ 11 ] The adolescent's consumption problems worsen and she continues her follow-up with the Centre A. The Centre A recommends a follow-up in a detoxification center to better respond to the adolescent's addiction. Despite the increase in the monitoring the situation at home doesn't change. [ 12 ] In June 2012 there is an outburst at the mother's home.

The police intervention is required and the adolescent is taken to the hospital because of suicidal threats. [ 13 ] In July 2012 the adolescent goes to [region A] once a week for an addiction follow-up with the A Center of City D ([…]). The adolescent still has behavioural problems. [ 14 ] An event requiring police intervention occurs in [Province A] while the adolescent is with her mother in the car. The adolescent

is carried away and breaks the windshield by kicking it. She is brought to a detention center and is released under conditions. The next Court hearing in [Province A] is scheduled for December 19, 2012. [ 15 ] On September 11, 2012 the adolescent begins her follow-up at the B Center in City E. On September 16, she's back at the mother's home. She is not ready for that kind of treatment. [ 16 ] Following her return at home the mother and the adolescent undertake steps to resume an outpatient follow-up with the [(…]].

The adolescent enrolls in an anger and emotion management workshop as well as in school. [ 17 ] The adolescent agrees to pursue the anger and management workshops. She is aware of her problems and is not happy about how things have deteriorated. She is also aware of her potential and wants to find her way out. On September 26, 2012 as recommended by the applicant she consults a doctor to speak about her emotional symptoms. [ 18 ] The father admits not knowing what to do to improve the adolescent's situation.

He is withdrawn from it because he is overwhelmed by these events and doesn't wish to experience the stress this causes him especially because of his health's problems. Despite all of that, he wants to persevere until the adolescent gets better. [ 19 ] The mother-daughter situation has greatly improved. The mother takes the proper means to resolve the adolescent's outbursts. The adolescent accepts more her mother's authority. The situation at home is calmer. The adolescent's outbursts are less present and her consumption has greatly decreased. [ 20 ] The adolescent's situation is still fragile.

The Court considers that it is too early to conclude that the adolescent's situation is no longer in danger. All the parties admit also that the adolescent's situation is still compromised. [ 21 ] The applicant's recommendations to put an end to the situation in which the security and development of the adolescent is in danger are reasonable and in the interest of the adolescent.

For these reasons the Court: [ 22 ] Grants the present petition; [ 23 ] maintains that the security and development of X , born on […], 1995 are still in danger; [ 24 ] Entrusts the adolescent with her mother until her majority which will be on […], 2013; [ 25 ] Orders that a person working for an institution or body provide aid, counselling and assistance for the adolescent and her parents until her majority; [ 26 ] Orders that the adolescent pursue her drug and alcohol addiction follow-up as long as deemed necessary by the person providing the service; [ 27 ] Orders that the Director of Youth Protection make the necessary steps so that the adolescent will benefit from therapeutic follow-up if necessary; [ 28 ] Orders that any police body to collaborate for the purpose of executing this enactment; [ 29 ] Entrusts the adolescent's situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ Josée Bélanger, J.C.Q.

Me Pierre Grygiel, attorney for the Director of Youth Protection Me Jean-François Lacasse, attorney for the adolescent Date of hearing: November 13, 2012