2015 QCCQ 17656, 2015 QCCQ 17656

Protection de la jeunesse — 155607 2015 QCCQ 17656 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000399-155 DATE: September 28, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 1999 Adolescent -and- A -and- 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 adolescent lived with her father for most of her life. [ 2 ] In June 2014, since her behaviour was deteriorating and the father felt her friends had a bad influence on her, the youth came living with her mother. Unfortunately, the mother was not able to impose any authority on her daughter and problems were arising.

The situation was then reported to the director of youth protection (DYP), in relation with psychological ill-treatment from the mother as well as the youth’s behavioural disturbances. [ 3 ] Last January, the youth was entrusted to an aunt, under an agreement on voluntary measures. It was at the time impossible to locate and reach the mother in order to involve her in the process. [ 4 ] At her aunt’s, the youth was defying authority and was not working towards solving her issues. On May, 2, she went back to her father’s and wished to remain there.

A few weeks later, she ran away from her father, to be found by her older sister after five days that she spent with friends. [ 5 ] The adolescent then asked to live with her sister, who agreed to take her. Things went well in the sister for a while. The adolescent stated she was happy there and the rules were respected, notably concerning curfew, no alcohol and going to school everyday. Apparently, the youth was able to respect her sister’s authority. [ 6 ] The situation deteriorated and got out of control in August. The adolescent did not come home one night, drank alcohol, took drugs and mutilated herself.

Unable to ensure her security anymore, the sister asked that she leave. [ 7 ] The adolescent was entrusted to a rehabilitation centre on August 7, under immediate protective measures, followed by an order of provisional compulsory foster care. [ 8 ] The youth is currently doing well in the unit and in school. She admits her behaviour problems and is willing to work on her issues.

She would eventually like to go back living with her mother but agrees to remain in a rehabilitation centre for several months. [ 9 ] The evidence leads to conclude that the security and development of the adolescent are in danger. [ 10 ] The recommended measures appear to be in her best interest.

WHEREFORE, THE COURT: [ 11 ] GRANTS the amended petition for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until June 30, 2016; [ 14 ] ORDERS that contacts between the adolescent and her parents be determined as established by agreement between the parties; [ 15 ] RECOMMENDS that the adolescent benefit from an addiction assessment; [ 16 ] RECOMMENDS that the adolescent benefit from psychological and psychiatric assessments; [ 17 ] ORDERS the parents actively participate in the application of the ordered measures; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until June 30, 2016; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 6, 2015