2018 QCCQ 19677, 2018 QCCQ 19677

Protection de la jeunesse — 1810727 2018 QCCQ 19677 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 34587-188 Date: November 20, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 20, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a fifteen year-old adolescent, based on her serious behavioural disturbances. [ 3 ] The facts alleged in support of the application dated October 23, 2018 are as follows: 3.1. the adolescent has serious behavioural disturbances and the parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) in 2018, the adolescent has gone AWOL approximately ten times, during which she stayed with boyfriends;

b) serious concerns exist regarding the adolescent’s current boyfriend, Y, being a negative influence in her life, due to his drug use and affiliation with a street gang;

c) the adolescent admits to consuming marijuana and drinking alcohol, and having experimented with Xanax this past summer;

d) in the summer of 2018, the adolescent was engaging in sexual activity with her former boyfriend and his friends in exchange for marijuana;

e) the adolescent also approached a 13 year old girl, asking her to have sexual relations with her and her boyfriend;

f) concerns exist regarding the adolescent’s mental health;

g) the adolescent has expressed that approximately twice a week, she wakes up wanting to harm herself or others;

h) the adolescent was kicked out of her previous school after having a physical altercation with a teacher;

i) since September 6, 2018, the adolescent has missed eleven (11) days of school; 3.2. on October 15, 2018, the adolescent sent a text message to her father expressing that she was having dark thoughts and wanted to self-harm, after which the father contacted the police; 3.3. the police then picked up the adolescent from her boyfriend’s residence and transported her to the Montreal Children’s Hospital; 3.4. on October 16, 2018, immediate protective measures were invoked and the adolescent was placed in a rehabilitation center; 3.5. on October 17, 2018, the Honorable Anne-Marie Otis extended the immediate protective measures for a period not exceeding five (5) working days; 3.6. the parents are overwhelmed with the adolescent’s behavioural difficulties (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of four months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The parents, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the application and expressed their consent to all the proposed measures. [ 6 ] The adolescent, assisted by Me Lafortune, also admitted most of the facts alleged and consented to the proposed measures.

However, she denied experimenting with Xanax and also denied her former boyfriend’s alleged illicit activities. [ 7 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Copy of a Birth certificate; D-2: Student Records – detailed absences from September 5, 2018 to October 27, 2018; D-3: Court Report, prepared by [Social Worker 2], [Social Worker 1] and [Social Worker 3], dated November 13, 2018. [ 8 ] In

summary, the parties recognize the adolescent’s difficulties as well as her need for continued placement. [ 9 ] The adolescent’s parents are hopeful that their daughter will return to her father’s care under better circumstances, as her situation continues to improve: Both parents do not want X to return to her old ways and believe that therapy and other support services would benefit her greatly. Although they want X to return home as soon as possible, they understand that X’s continued placement is necessary to ensure her behaviors are addressed.

X also agrees that being in placement has benefited her enormously. She agrees that continued placement would help her further and allow her to be less at risk of being distracted from her progress. X also agrees to receive therapeutic services, including Dialectical Behavior Therapy, to address her emotional and psychological well-being.

Furthermore, once she returns to City A, she would like to change schools where she can associate herself with more positive peers. [2] [ 10 ] The family is willing to collaborate fully with all the recommended service providers and steps have been taken to register the adolescent at [high school A] where she will begin immediately after the holidays, to avoid changing schools mid-semester. [ 11 ] As summarized in the Court Report : X continues to remain in a rehabilitation centre.

Since being in placement, X has not had any suicidal ideations and except for one occasion, has not engaged in self-harming behaviors. Furthermore, she has respected the Court Order restricting her from contacting her boyfriend, Y. It is evident that placement in a Readaptation Center has had a positive effect on X. It is therefore crucial for X’s placement to be extended in order to maintain her positive progress while she addresses her emotional and behavioral issues. Furthermore, although the process for X and her parents to receive support services has started, they are not yet in place.

It is essential for the family to engage in these services before X re-integrate into her father’s care. X and her parents are open and willing to accept the support services. [3] [ 12 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of four months; [ 16 ] ORDERS thereafter that she be entrusted to her father; [ 17 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection;

[ 18 ] ORDERS that the adolescent respect parental authority, including curfew and house rules; [ 19 ] ORDERS that the adolescent attend school on a daily basis, unless justified by a medical note; [ 20 ] RECOMMENDS that the adolescent receive support and therapeutic services and follow through with the recommendations made, including by her psychiatrist; [ 21 ] TAKES JUDICIAL NOTICE that the adolescent will receive psychological counselling, as soon as possible, and for as long as necessary, as well as the services of an educator; [ 22 ] RECOMMENDS that both parents engage in support services and follow through with the recommendations made; [ 23 ] PROHIBITS the adolescent from contacting Y; [ 24 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 25 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 26 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 27 ] THE WHOLE for a period of one year.

Signed on December 4, 2018 TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Valérie Lafortune Attorney for the adolescent TD/vl