r v. A, 2014 QCCQ 17072

Protection de la jeunesse — 145437 2014 QCCQ 17072 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-002359-142 DATE: May 22, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 1997 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 presents a motion for protection concerning X born on [...], 1997, alleging that her security and development are in danger in reason of serious behavioural disturbances. [ 2 ] The Director recommends that the Court apply various protective measures for one year, while maintaining the adolescent in her family environment. [ 3 ] The parties consign their admissions in the Court file and agree with the conclusions sought. [ 4 ] Analysis and decision [ 5 ] The adolescent resides with her parents and two younger siblings. [ 6 ] At the moment of the Director's initial evaluation, the adolescent exhibits various behavioural issues, namely depression, suicidal ideations, self-mutilation, opposition and lack of implication.

Concurrently, suicide attempts lead to numerous hospitalizations. [ 7 ] In the last year, a myriad of services are put in place to support the adolescent and her family: social worker, psychiatric and psychological follow-ups. The adolescent receives a diagnosis of depression and is prescribed medication. Her cooperation is minimal. As of March 2014, the adolescent refuses to take her prescribed medication. [ 8 ] X runs away from home from March 27 to April 11, 2014, with the help of an adult male (C). Numerous elements of premeditation are present (prepared bags, communication with her accomplice).

During this period, she exhibits high-risk behaviours: illicit drug use, unprotected sexual relations, association with questionable individuals. She fails to communicate with her family. She admits discussing going to [Country A] with C. [ 9 ] After her return home, she is brought to the hospital and these services recommend her placement. Despite the parent's commitment and capacities, they are overwhelmed by their daughter's behaviours, which surpass their abilities to protect her.

The parties agree to X's provisional placement in a reception center. [ 10 ] In this milieu, the adolescent initially continues to demonstrate oppositional and self-abusive behaviours. This justifies her transfer to an intense supervision unit, wherein she becomes more cooperative with the interventions. Caseworkers observe signs of anxiety and depression, which translate in panic attacks and various physical manifestations. She demonstrates low self-esteem and tends to flee difficult situations. On April 24, she returns to an open unit.

[ 11 ] The adolescent's situation evolves positively. Several outings home proceed without incident. She responds well to the rules and integrates the routine of the reception center. [ 12 ] As to the interventions and services, X's cooperation is mitigated. She resists the information linking her friend C to street-gang activities.

She decides to not pursue her psychological and psychiatric follow-ups, but resumes taking her medications and affirming her intention to collaborate with the Youth Protection services. [ 13 ] The evidence demonstrates that X's vulnerabilities provoke her to seek situations, which put her integrity in peril. The objective of the measures is to enable her to find other healthy means of valorization, which promote her serenity and permit her to access her potential.

She will also have to learn to cope with her stressors and deal with her impulsive behaviours. [ 14 ] The parents are able to put in place the structure and authority necessary to support X in her choices and provide a coherent environment in which she can thrive.

This, in conjunction with X's willingness to engage herself in the measures put forth to correct the situation, justify the orientation proposed by the Director of Youth Protection. [ 15 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion for protection; [ 18 ] DECLARES that the security and development of the adolescent are in danger in reason of serious behavioural disturbances; [ 19 ] ORDERS that the adolescent remain in her family environment; [ 20 ] ORDERS that the adolescent and her parents participate actively in the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her parents for one year; [ 22 ] RECOMMENDS that the adolescent receive certain health care and health services, namely that she pursue her psychological and pedo-psychiatric treatment; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Pascale Boucher Attorney for the Petitioner Me Serge Lavallée Attorney for the adolescent Date of hearing: May 22, 2014