2010 QCCQ 17965, 2010 QCCQ 17965

Protection de la jeunesse — 107243 2010 QCCQ 17965 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-003828-103 DATE: December 13 th , 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF: X Born: [...], 1996 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Petitioner -and- A , residing at […], ville A (Quebec), district A; Parent of the adolescent -and- JD2182 COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director submits to the Court a motion for protection concerning the youth X, born on [...], 1996. [ 2 ] The Director represents that the security and development of the adolescent are in danger for the reasons listed in paragraph four of the motion.

[ 3 ] On October 16 th , 2010, Director retained a signalement concerning a situation of psychological ill-treatment from the mother and because of child behavioral disturbances. [ 4 ] For several years, the youth and the mother present major relational problems. [ 5 ] On October 15 th , 2010, the youth ran away from the family residence and a police intervention was necessary to bring her back. The day after, the youth was found at a friend's house.

She was placed in emergency in a foster family for a period of 30 days, because both of the mother and the youth didn't want the reintegration into the family residence. [ 6 ] The social worker was working on the progressive return at the family residence, but due to the persistence of the conflict between the youth and the mother, the reintegration was not possible. [ 7 ] Both parties are deeply hurt by their conflicts but they don’t seem to understand each other's emotions; their own being hard enough already to handle.

This mutual lack of understanding tends to aggravate their disputes and thus, it has an effect on the improvement of the situation. [ 8 ] In order to succeed in a family reinsertion with the maternal environment, the youth and the mother will need to work on their communication issues. The youth will need to learn to ask questions when she is not sure about the meaning of the mother's remarks and find concrete manners to express her anger without being hurtful.

She will also need to take responsibility for her actions and learn to make priorities between what she wants and what she needs. [ 9 ] The mother will need to acknowledge that some of her concerns regarding her daughter are related to her insecurity. Both, the mother and the youth will need to recognize their personal difficulties and learn to make concessions. [ 10 ] The Court is convinced that the security and development of the youth are in danger because of a situation of psychological ill treatment, but also because of behavioural problems of the youth.

The recommendations of the youth protection director are appropriate and in the interest of the youth. [ 11 ] Considering the admissions and after the reading of the reports, the Court is satisfied and therefore: [ 12 ] MAINTAINS the present motion; [ 13 ] DECLARES that the security and development of the adolescent X are in danger; [ 14 ] ENTRUSTS the situation of the adolescent X to the youth protection director of Les Centres jeunesse A for the execution of the measures for a period of one year ; [ 15 ] ORDERS that the adolescent be entrusted to foster care for six months ; [ 16 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the adolescent and her family; [ 17 ] ORDERS that the adolescent and the mother undertake to take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 18 ] THE WHOLE without costs. __________________________________ LINDA DESPOTS J.C.Q. Me Karine Nantais Procureure de la directrice Me Béatrice Clément Procureure de l’adolescente Me Maryse Fournier Procureure de la mère Date of hearing: December 13, 2010