2015 QCCQ 12301, 2015 QCCQ 12301

Protection de la jeunesse — 152367 2015 QCCQ 12301 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004784-149 DATE: February 20, 2015 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1998 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A Parent JC0B11 ______________________________________________________________________ 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 Director of Youth Protection presents a motion for protection in regards to the situation of X, born on […], 2015, alleging that her security and development are in danger in reason of serious behavioural disturbances and educational neglect. [ 2 ] To counter this situation, the Director requests that the Court render various protective measures for 6 months, including that the adolescent be entrusted to a rehabilitation center.

[ 3 ] The adolescent and her mother consign their global admissions as to the allegations of the motion, and further agree to the Director’s recommendations. [ 4 ] Analysis and decision [ 5 ] The adolescent resides with her mother, stepfather and siblings. [ 6 ] The family dynamic is in disarray. The adolescent exhibits numerous behavioural difficulties, namely drug use, lying and a lack of accountability. There are regular conflicts which intensify over time.

The adolescent rejects parental authority. [ 7 ] The mother and her spouse recognize being overwhelmed with the adolescent’s behaviours and to having difficulties properly gauging their reactions and controlling the situation. [ 8 ] After an initial evaluation, the Director of Youth Protection retains a situation of endangerment in reason of serious behavioural disturbances and educational neglect. [ 9 ] In December 2013, the parties sign an agreement as to the application of voluntary measures for one year.

These measures provide that the adolescent reside in her family environment with services of aid, counsel and assistance from the Director. Both X and her mother agree to actively participate in the measures. [ 10 ] A child-care worker offers services to the family since June 2013.

Although she offers numerous tools and assistance, there is little integrated change and overall, the situation continues to degenerate. [ 11 ] The family dynamic continues to fluctuate in function of the adolescent’s behaviours. [ 12 ] Over the summer period 2014, the adolescent stays mostly outside the family home, at friends or relatives. After discussions and an intervention of the caseworker, she agrees to stay home as of September and return to school. [ 13 ] The same pattern of behaviours returns progressively, with the adolescent not respecting the rules nor curfew.

In October, she ceases going to school. [ 14 ] The mother cites her concerns as to her daughter’s activities and mental health. [ 15 ] In a review table of November 2014, the Director advises the family that the adolescent’s continual high-risk behaviours require rehabilitation in a structured environment. The adolescent indicates being willing to revise her functioning, cease her drug use and cooperate more fully.

Consequently, the parties agree to forego placement. [ 16 ] For a few months, the adolescent returns home every night and is able to respect the basic rules, yet, once again, there a return to her previous functioning. [ 17 ] In December, there are incidents of self-mutilation. In January, the mother confronts her daughter in regards to items found in her room.

She then reveals the extent of her drug use (pot, speed and chemical drugs). [ 18 ] In view of the imminence of her placement in a rehabilitation center, the adolescent asks for admission in a drug treatment center and integrates [center A] on a voluntary basis, where she remains to this date. [ 19 ] The evidence demonstrates that the adolescent requires a structured and neutral environment in order to minimize her problematic behaviours and allow her to return to healthy functioning.

The home environment is unable to offer this structure, being clearly overwhelmed by the importance and chronicity of the issues to confront. [ 20 ] The adolescent’s recent realization of the importance to address her drug use is an encouraging step within this process, but her determination towards this end remains to be established.

If this measure is a success, it will then be possible to verify if any needs for rehabilitation subsist and if so, whether these remain an impediment to her reintegration in her family environment. [ 21 ] Therefore, after considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances and educational neglect.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 22 ] FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the motion for protection; [ 24 ] DECLARES that the security and development of the adolescent are in danger due pursuant to: • neglect on the educational level (article 38 b) 1) (iii) Youth Protection Act ); • serious behavioural disturbances (article 38

f) Youth Protection Act ); [ 25 ] ORDERS that the adolescent be entrusted to a rehabilitation center; [ 26 ] ORDERS that the adolescent and her mother participate actively in the measures ordered; [ 27 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the adolescent and her family;

[ 28 ] ALL THESE MEASURES for 6 months; [ 29 ] 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 Caterine Caron Attorney for the Petitioner Me Michel Robert Attorney for the adolescent Date of hearing: February 20, 2015