2016 QCCQ 12882, 2016 QCCQ 12882

Protection de la jeunesse — 165650 2016 QCCQ 12882 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division N° : 525-41-030581-151 DATE : January 25, 2016 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARTINE NOLIN, J.C.Q. ______________________________________________________________________ In the matter of : X Born on [...], 2000 A The mother, ______________________________________________________________________ JUDGMENT (section 38 of the Youth Protection Act) ______________________________________________________________________ WARNING : The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [YPA sections 11.2.1 and 135] [ 1 ] The Court is seized with a motion by which the Director of Youth Protection (the Director) is requesting that the security or development of X, 15 years old, be declared in danger because of her serious behavioural disturbances. [ 2 ] To correct the situation the Director recommends essentially that X be entrusted to a rehabilitation center for a period of 9 months with social follow up for a period of one year. [ 3 ] Last December 18th, the Court ordered the provisional compulsory placement of X in a rehabilitation centre until today’s hearing. [ 4 ] The mother informed of her right to be represented by an attorney, declines.

Essentially she recognizes the situation as reported by the Director and declares being in agreement with the measures proposed, hoping that X be placed at [centre A] to facilitate her schooling. [ 5 ] X is present and represented by attorney. Only recently she recognized the situation reported by the Director, she now takes responsibility for her actions and expresses her agreement with the measures proposed by the Director, although she hopes to be reintegrated home as soon as possible and to receive the services of a psychologist.

CONTEXT AND ANALYSIS [ 6 ] X lives with her mother, her maternal grandmother and uncle. [ 7 ] She is fully bilingual and attends École A in the FMS program (Formation Métier Spécialisé) which consists of 3 days of schooling and 2 days of stage. [ 8 ] X is diagnosed with ADD and has to take daily medication. [ 9 ] Since fall 2014 the adolescent’s lack of motivation at school, where she was once recognised as a good student, and her poor choice of friends have influenced her to shoplift, skip school and engage in inappropriate sexual activities.

X has also run away for short periods of time about 6 times in the last year.

[ 10 ] In May 2015, the mother being overwhelmed by the above mentioned behaviours, the adolescent was placed on a voluntary basis at AMCAL for a period of twelve weeks. [ 11 ] Although the mother fully collaborated with the workers at AMCAL to help address X’s acting outs and to improve her parental skills, upon X’s return home, the situation deteriorated again. [ 12 ] X feels that her mother’s expectations are unrealistic, that she cannot invest in what really interests her at the moment, namely music, make up and spending time with her friends.

Mother wants her daughter in school and respecting her authority; she feels she no longer knows how to ensure her safety. [ 13 ] Since Ms A is ready to continue working on her parental skills and since X recently acknowledged her responsibility in the situation, the Court is of the opinion that the 9 months placement is in her best interest. [ 14 ] During this period X can become more cognisant of her choices and their impact on her life and safety; better communication between mother and daughter can be established for both of them to feel respected in the relationship: one as a parent, the other as a growing teenager. [ 15 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security or development of X is in danger because of her serious behavioural disturbances and because she objects to the steps taken by her mother to put an end to the situation; [ 18 ] AND, TO PUT AN END TO THE SITUATION: [ 19 ] ORDERS that X be placed in a rehabilitation center for a period of 9 months; [ 20 ] SRONGLY RECOMMENDS that the rehabilitation center be [centre A], the best facility to meet her needs, namely regarding her schooling; [ 21 ] ORDERS that X receive all the health services that her situation may require, namely psychological therapy; [ 22 ] TAKES NOTICE that she is motivated to benefit from such services; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain and share information related to attendance and progress made with all service professionals working with the family; [ 24 ] ORDERS that, if the situation allows it, X be authorized to attend summer camp even for a duration of more than 15 days; [ 25 ] ORDERS that the Director of Youth Protection provide aid, counsel and assistance to the family for a period of one year; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary.

Signed on February 4, 2016 __________________________________ Martine Nolin, J.C.Q. MN/ld Me Sym Davis , attorney of the Director of Youth Protection Me Alec Fafard , attorney for the adolescent