2017 QCCQ 6041, 2017 QCCQ 6041

Protection de la jeunesse — 172650 2017 QCCQ 6041 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 32143-174 Date: February 13, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection 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 February 13, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a Motion to declare that the security and development of a child is in danger in the case of X , a sixteen year-old adolescent, based on her serious behavioural disturbances. [ 3 ] The facts alleged in support of the motion dated January 26, 2017 are as follows: 3.1. the adolescent has serious behavioural disturbances and objects to steps taken by the parents to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent does not respect the parents’ authority, house rules and curfew;

b) the adolescent does not inform the parents of her whereabouts;

c) the adolescent is verbally and physically aggressive towards the parents;

d) the adolescent admits to using marijuana on a regular basis;

e) the parents believe that the adolescent is using other drugs as well;

f) the adolescent’s grades have deteriorated since 2015, as she frequently arrives late at school, is tired and not able to concentrate;

g) in March 2015, the adolescent was kept in the hospital for a month due to suicidal ideations;

h) the parents have participated in services and therapy with the adolescent to improve the situation and her behaviour, but to no avail;

i) on January 22, 2017, the adolescent was seen at the hospital as she was in a depressive state;

j) on January 24, 2017, the adolescent was very verbally and physically aggressive towards the parents as they would not let her

leave the home to see her boyfriend;

k) the adolescent grabbed a knife during this incident and later reported that it was to hurt herself;

l) the father broke his toe and had scratches on his face as a result of trying to restrain the adolescent from hitting him and the mother;

m) the adolescent was brought to the Montreal Children’s Hospital on January 24, 2017, due to her aggressive behaviour and she was discharged the following day;

n) the adolescent blames the parents for the incident of January 24, 2017;

o) the parents are overwhelmed with the adolescent’s behaviour and are agreeing for her to be placed;

p) the adolescent told the parents that she would commit suicide if she were to be placed; 3.2. on the evening of January 25, 2017, immediate protective measures were applied and the adolescent was placed in a rehabilitation centre (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a rehabilitation center for a period of six months, with a possible reintegration to the care of her parents after three months, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The parents, assisted by Me Giard, admitted most of the facts alleged in support of the motion and consented to the proposed measures. [ 6 ] The adolescent, assisted by Me James, admitted the majority of the facts alleged and also consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Birth certificate; D-2: Court report, signed by [Social Worker 1], dated February 6, 2017; D-3: Psychological report concerning the adolescent, written by Jessica Mekkelholt and Dr.

Ann Claude Simmoneau, dated April 17, 2015. [ 8 ] In

summary, the evidence clearly establishes that the adolescent is struggling with behavioral problems that require specialized services in a structured setting. [ 9 ] Although the adolescent is eager to return to her parents’ care, she acknowledges that she needs to learn to better control her aggression and express her emotions.

She is prepared to receive the services that are available to help her. [ 10 ] She, however, categorically denies using or selling drugs at school and no evidence was presented to substantiate any such allegations. [ 11 ] The parents are fully committed to supporting their daughter and eager for her to finally receive the help and mental health care services that she needs, as soon as possible. [ 12 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 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 six months with a possible reintegration to the care of her parents after three months; [ 16 ] TAKES JUDICIAL NOTICE that the adolescent is expected to be placed at La Bourbonnière, TAKING JUDICIAL NOTICE that other therapeutic programs will continue to be explored; [ 17 ] TAKES JUDICIAL NOTICE that the adolescent is expected to be assessed at the latest by the second week of March for a place at La Bourbonnière which appears to be the most suitable resource for her; [ 18 ] RECOMMENDS , if there are any unexpected delays for the assessment, that she benefit from a psychiatric assessment, as soon as possible; [ 19 ] RECOMMENDS that she benefit from anger management counselling as soon as possible;

[ 20 ] RECOMMENDS that the family take

part in any other therapy deemed necessary to improve communication and/or the family dynamic; [ 21 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and her family; [ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 24 ] THE WHOLE for a period of nine months. TAYA DI PIETRO, Q.C.J.

Me Nadia Sabik Attorney for the Director of Youth Protection Me Luce James Attorney for the adolescent Me Pierre Giard Attorney for the mother Me Pierre Giard Attorney for the father TD/vl