2018 QCCQ 15586, 2018 QCCQ 15586

Protection de la jeunesse — 186400 2018 QCCQ 15586 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000500-154 DATE: July 5, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2003 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 ] The Director of Youth Protection (DYP) asks the Court to revise and extend the order rendered on August 9, 2017, in respect of the adolescent. [ 2 ] At the hearing, the parents are absent even if the application was duly notified to them. [ 3 ] The adolescent is present and represented by a lawyer. Her counsel consents to the conclusions suggested by the DYP and with the filing of the reports to value as testimony of their authors. [ 4 ] The adolescent is fifteen years old.

In the last measure ordered on August 9, 2017, she was entrusted to a foster family. In fact, it was her maternal grandmother. At that time, the adolescent was already being difficult and defiant towards the latter. Despite the adolescent’s behaviour, the grandmother was able to manage the situation, using communication and discipline. [ 5 ] Also, in the last judgment rendered, it was also mentioned that the adolescent seemed to be influenced by her peers. She was caught smoking marihuana on school premises and was expelled, even if she denies it.

This behavior led to her being placed in a rehabilitation center for a few days. [ 6 ] How is the situation of the adolescent following the latest court order? [ 7 ] It seems that the situation has worsened once again. Since May 2018, the adolescent shows serious behavioral problems. She does not respect the rules nor her curfew. Sometimes she stays out all night and consumes alcohol or uses drugs. Furthermore, she is still very defiant even more than before.

For these reasons, she was entrusted again in a rehabilitation center, where she still resides. [ 8 ] The situation is recurrent and the problematic behaviors of the adolescent resurfaces but worse. [ 9 ] It appears that the adolescent has low self-esteem. This is sad, since, it is clear from the evidence submitted that this young girl, has lots of potential. Moreover, the Court even observes how well she is dressed and elegant at the hearing, which is unusual for a young person her age. In addition, she has intellectual and sports skills.

In fact, even if everything seems to succeed her at times, she does not realize it.

[ 10 ] A recent psychological evaluation concludes that the adolescent developed an ambivalent attachment pattern and that her self- esteem issue has to be addressed through positive experiences. [ 11 ] Despite everything, the adolescent pursues her follow up with her addictions counsellor, who suggested she attend, an inpatient treatment program, but she declined. [ 12 ] Currently the grandmother is trying her best to provide a safe and secure environment. However she is unable to achieve that goal at this time.

For more than a month, the situation has become unmanageable, so an action had to be taken. [ 13 ] The adolescent needs structure, constant and secure surroundings with rules. At the time, neither of her parents nor the foster family could provide such an environment. [ 14 ] The evidence reveals that the security and development of the adolescent are still in danger. Under the circumstances, the application is well founded.

The suggested measures appear to be in the best interest of the adolescent. [ 15 ] Following the hearing , the Court issued a verbal judgment forthwith, the foregoing being the written and reasoned version in accordance with the requirements of

section 90 of the Youth Protection Act . FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for revision and extension of order; [ 17 ] REVISES AND EXTENDS the Court order rendered on August 9, 2017; [ 18 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 19 ] ENTRUSTS the adolescent to a rehabilitation center designated by the DYP until August 31, 2018; [ 20 ] ENTRUSTS the adolescent to a foster family designated by the DYP starting September 1, 2018; [ 21 ] ALLOWS the adolescent to benefit from stays in a rehabilitation center for periods not exceeding 10 days per month, for respite, if deemed necessary; [ 22 ] ORDERS that the parents and the adolescent benefit from the services of an external educator as long as deemed necessary by the DYP; [ 23 ] ORDERS that the adolescent and her parents actively participate in the application of the ordered measures; [ 24 ] RECOMMENDS that the adolescent continue to participate in her counselling to improve her well-being; [ 25 ] RECOMMENDS that the parents participate in their personal counselling to put an end to their personal difficulties; [ 26 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the youth and his family until September 1, 2019; [ 27 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Réal Grenier for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on July 17, 2018