2014 QCCQ 16326, 2014 QCCQ 16326

Protection de la jeunesse — 144378 2014 QCCQ 16326 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-007400-130 DATE : January 29, 2014 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2000 [ SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

Section 38 of the Youth Protection Act [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act; [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: "

a) On November 23 rd , 2012, the child ran away from home after she was told that she was not allowed to go out;

b) The step father of the child had to lock the bedroom, windows;

c) The child refuses to inform the adults of her whereabouths;

d) On May 4 th 2013, the child ran away from her paternal grandmother's home and returned home later in the evening;

e) The child was hanging with older teenagers;

f) On the aforementioned date, the child was entrusted to her paternal uncle and aunt for a period of 30 days;

g) On May 31 st 2013, the family sign voluntary measures for 3 months and the child go back mother's house;

h) In early June 2013, the child was expelled from her high school for being defiant (history of expulsion from schools due to her defiance);

i) On June 16 th 2013, it was reported that the child snuck out of the home sometimes in the middle of the night and returned to her

home in the early morning with a few teenage boys;

j) The mother suspects a drugs and alcohol consumption from of her daughter;

k) The mother found empty beer bottles and a vodka bottles in the child's bedroom;

l) The mother is concerned that her child is being sexually active;

m) On August 1 st , 2013, the mother reports that the child had snuck out of her home on at least three occasions since June and the step father had to nail the bedroom windows shut from the inside and the outside;

n) The mother reports that on July 25, 2013, the her child left the home and only returned on July 27, at 2:00 am and left again on the evening on July 28 th ;

o) The mother reports that her child stole her bank card an withdrew $60.00;

p) The child is disrespectful to her mother and shows disrespect to authorities;

q) The mother is unable to deal with the child behaviors;” [ 3 ] The child, by attorney, admits most of the allegations of the declaration and she's not agreed to the conclusions. [ 4 ] The parents admit all the allegations of the declaration and agree to the conclusions. [ 5 ] By consentent of the parties, the following reports are filed: D-2 Court report written by [Social Worker 1], dated on August 28, 2013 D-3 Court report, written by [Social Worker 1], dated on November 1st, 2013 D-4 Court report, written by [Social Worker 1], dated on December 19, 2013 D-5 Court report, written by [Social Worker 1], dated on January 21st, 2014 [ 6 ] X is recently responding to the intervention programm and she should be transfer to a group home.

She still needs structure to learn to respect rules and modify her behaviour. [ 7 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 8 ] GRANTS the present motion; [ 9 ] DECLARES that the security and the development of the child X are still in danger; [ 10 ] ORDERS that the child be entrusted in an institution operating a rehabilitation center; [ 11 ] RECOMMANDS that the child be entrusted to a group home; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 13 ] ORDERS that the child receive certain health care and health services, namely a psychological and a psycho education assessment; [ 14 ] ORDERS that the contacts between the child and her parents be upon agreement between the parties; [ 15 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 16 ] THE WHOLE until June 30 th , 2014; [ 17 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Jean-Pierre Gaudreau

Attorney for the child Me Patrick-Olivier Mailhot Attorney for the declarant