2011 QCCQ 7799, 2011 QCCQ 7799

Protection de la jeunesse — 111626 2011 QCCQ 7799 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 500-41-000753-940 DATE: March 30, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ In the case of: X Born on […], 1994 ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of March 30, 2011, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered May 4, 2010, ordering that the adolescent be entrusted to a rehabilitation centre for a period of six months with gradual reintegration to her mother’s care, when the situation allowed.

Furthermore, that a social follow-up be provided to the family for 18 months. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The adolescent returned to her mother’s care in November 2010, following a period of progressive reintegration; • The adolescent graduated from high school in January 2011 and is planning to look for employment; • The mother and the adolescent experienced ongoing conflict in their relationship which is unresolved; • The adolescent does not accept her mother’s parental authority; • At times, the conflict between the mother and the child can escalate to verbal or physical aggression; • On January 20, 2011, the police were called to the home following an argument between the mother and the adolescent which escalated to physical violence; • The mother stated that the adolescent attacked her with a meat tenderizer in the head and that she was also bitten on the arm; • The adolescent was placed in a group home under immediate protective measures. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre until her age of majority, with a social follow-up for the same period.

[ 5 ] The mother was not present at the hearing, as she had a job interview. The mother informed the youth worker that she agreed with the recommended measures. Under the circumstances, and with the consent of the other parties, the Court proceeded in the absence of the mother. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and agrees with the recommended measures. However, X testifies that she wishes to go and live with her brother Y, who now has his own apartment. She states that she has completed her high school degree except for one course in French.

She wants to continue her studies and has applied to attend A College in September 2011. The adolescent also says that she wants to participate in an individual psychotherapy. [ 7 ] The Court also heard the testimony of Mr. [Social Worker 1], human relations agent, and read the report that the Director filed as proof of the adolescent’s situation. The evidence establishes that the adolescent and her mother have a conflictual relationship.

The mother’s emotional issues make it hard for her for exercise her parental authority and to control her temper. [ 8 ] The plan over he next year is to prepare the adolescent for independent living. For example, the adolescent could join the «Équipe program» or the «Girl apartment program» (GAP) in order to experience independent living, but with some degree of supervision.

Mr. [Social Worker 1] says, that for now, it is not possible to evaluate if Y could support and supervise his sister. [ 9 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre until her age of majority. This period will permit the adolescent to work on her independent living skills.

The contacts with the mother should be encouraged, in so far as they are in the interest of the adolescent. [ 10 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 11 ] THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES still compromised the security and development of the adolescent, X; [ 14 ] REVISES the order rendered on May 4, 2010; [ 15 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre until her age of majority; [ 16 ] TAKES JUDICIAL NOTICE that the Director will be working with the adolescent towards her acquiring independent living skills; [ 17 ] RECOMMENDS that the adolescent’s project of integrating her brother’s home be discussed; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and her siblings and extended family be determined by the Director of Youth Protection, taking into consideration the best interest of the adolescent; [ 20 ] ORDERS that DYP be authorized to sign all consents for the adolescent, if the mother cannot be reached in a reasonable delay; [ 21 ] ORDERS that the adolescent receive all health care services require by her situation and more particularly an individual psychotherapy for the length of the present order; [ 22 ] TAKES JUDICIAL NOTICE that the adolescent agrees and wishes to participate in a individual psychotherapy and RECOMMENDS that the adolescent follow the recommendations of the therapist; [ 23 ] ORDERS that the mother fully collaborate with the interventions of the Director of Youth Protection; [ 24 ] RECOMMENDS that the mother participate in counselling or a therapeutic follow-up; [ 25 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family until her age of majority, […], 2012; [ 26 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 27 ] ORDERS the execution of the present order by any peace officer.

Signed April 1 st , 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Camille Champeval (Counsel for the D.Y.P.) Me Carole De Lagrave (Counsel for the adolescent) Date of hearing: March 30, 2011