2012 QCCQ 18102, 2012 QCCQ 18102

Protection de la jeunesse — 127436 2012 QCCQ 18102 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-003795-104 DATE: September 26, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1997 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents a motion for revision of a Court decision rendered January 24 th , 2012 concerning the adolescent X, born […] 1997.

[ 2 ] The judgment in force entrusts the adolescent to her paternal grandmother with various measures of aid and support, for a period of 1 year.

The Director alleges that the situation of the adolescent justifies a revision in reason of the intensification of the serious behavioural difficulties, which are the basis of the intervention, particularly drug consumption and aggressiveness. [ 3 ] As principal measure, the Director recommends that the adolescent be entrusted to a rehabilitation center until February 7 th 2013, in order to permit her to complete an internal drug addiction program with Desintoxication center A. [ 4 ] The Court proceeds in the absence of the parents, who are of unknown address and are absent from their daughter's life.

The adolescent consigns her admissions in the Court file as well as her assent to the amended conclusions. [ 5 ] ANALYSIS AND DECISION [ 6 ] The adolescent resides with her paternal grandmother, who has seen to her care since her infancy. [ 7 ] She continues to struggle with the issues, which are the object of the continued intervention by the Director of Youth Protection.

These services are not sufficient to stem the adolescent's disarray and her behaviours reflect this situation. [ 8 ] The adolescent's drug and alcohol consumption increase in conjunction with a marked degeneration of her functioning in her home and school environment. Aggressive and impulsive, conflicts become recurrent with her grandmother. [ 9 ] In school, she is suspended for confronting her teacher. She fails her school year for the second time. [ 10 ] The adolescent shows little motivation for her follow-up with Santé Mentale Jeunesse, missing numerous appointments.

Referred to B program for a drug assessment, she refuses to recognize an addiction problem, although she admits a daily consumption of marijuana, as well as experimentations with chemical drugs. [ 11 ] On July 5 th , a crisis erupts and the adolescent is both physically and verbally abusive towards her grandmother.

The grandmother admits not being able to structure the situation, and the adolescent transfers to a foster family. [ 12 ] In this milieu, there is a calming of the adolescent's oppositional behaviours, but she maintains her lethargy to addressing her problems. [ 13 ] The grandmother consents to the return of the adolescent, conditional on her following a drug addiction program. On August 7 th , she integrates the residential substance abuse treatment Desintoxication Center A on a voluntary basis.

Initially unsure of her implication, she now appreciates the experience and agrees to complete the program. [ 14 ] The Court considers that the sobriety of the adolescent is necessary to ensure her emotional availability for the other measures and interventions. To this end, the successful completion of the program at Desintoxication Center A and the integration of the tools for maintenance of sobriety are a pre-requisite to a successful reintegration in her family environment.

Without this, a more structured environment will be required to address the complexity of her issues. [ 15 ] In view of the evidence, the Court determines that the revision of the judgment is founded and that the measures proposed are appropriate and in the best interests of the child. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the adolescent are still in danger; [ 19 ] REVISES the Court order rendered on January 24, 2012 in the present file; [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation center, chosen by Le Centre jeunesse de la A, until February 7, 2013; [ 21 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her parents until February 7, 2013; [ 22 ] ORDERS that the adolescent and her grand-mother Mrs.

C take an active

part in the application of the measures ordered; [ 23 ] ORDERS that the adolescent receive certain health care and health services, specifically a follow-up from Desintoxication Center A; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: September 26, 2012