2014 QCCQ 16328, 2014 QCCQ 16328

Protection de la jeunesse — 144380 2014 QCCQ 16328 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-007534-144 DATE : March 11, 2014 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 1999 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

Section 38 of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act. [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons: "

a) The adolescent will be charged for four (4) events of breaking and entering on the evening of August 9, 2013;

b) On September 12, 2013, the mother contacted [Center A] stating that she found out that adolescent has planned to consume cocaine, acid and mushrooms on that evening and she later had an altercation with the adolescent when she refused to let her go out the same night;

c) On October 18, 2013, the adolescent has been suspended from school because of her skipping and was found in the school library while under the influence of drugs;

d) The adolescent presents serious behavioural disturbances as she; i. doesn't respect the house rules; ii. skips school regularly; iii. uses marijuana on a daily basis; iv. sneaks out of the home by her window or let friends getting in the home during the night; v. is disrespectful and confront authority;

vi. steals things from her family in order to sell them and use the money to buy alcohol and marijuana;

e) The adolescent had a party in her home without her parents consent and on that night, she broke into houses with some friends;

f) The adolescent drugs addiction assessment shows that she has high probability of substance abuse disorder and she hasn't met with a worker yet;

g) On December 11, 2013, voluntary measures were signed for the adolescent to remain at home with certain conditions and services in place;

h) On December 17, 2013, the adolescent was suspended from school as she was caught smoking marijuana on school property;

i) The adolescent was locked out of her house after sneaking out by her window so she broke the window to get in, but she stated that someone broke her window and abused her and then later finally recognized that she is the one who broke the window;

j) On January 6, 2014, the adolescent has been escorted out of the school property because she was not allowed to be there as she is still suspended;

k) On January 6, 2014, the mother called [Center A] stating that she needs immediate assistance as the adolescent continues to act out and confront authority;

l) As 4 PM January 6, 2014, the adolescent's whereabouts remain unknown." [ 3 ] The father, well be informed of the hearing, is not present. The Court proceeded in his absence pursuant to

Article 77 of the Act on the protection of youth. [ 4 ] The child, by her attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] The mother, through her attorney, admits all the allegations of the declaration and agrees to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-2 Agreement on voluntary measures D-3 Court report, written by [Social Worker 1], dated on March 6 th , 2014. E-1 Contract of rules [ 7 ] X has been making some positive changes in her life.

She needs to gain independence from social services through developing judgment and making healthier choices. [ 8 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 9 ] GRANTS the present motion; [ 10 ] DECLARES that the security and the development of the child X are in danger; [ 11 ] ENTRUSTS the child to her mother; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family; [ 13 ] ORDERS that the child and her parents meet with the caseworker on a regular basis; [ 14 ] RECOMMENDS that the mother seek support from a family worker; [ 15 ] TAKES ACT that the child will structure her time in meaningful activities such as finding employment or engaging in a recreational activity; [ 16 ] TAKES ACT that the mother will take the necessary steps for the child to undergo a psycho educational assessment; [ 17 ] ORDERS that the child and the parents take an active

part in the application of the measures to correct the situation and more particularly that they engage themselves in the intervention plan of the Director; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 19 ] THE WHOLE for a period of six (6) months. [ 20 ] THE WHOLE without costs.

__________________________________ MIREILLE ALLAIRE, J.C.Q. Me Marie-Pierre Blouin Attorney for the child Me Véronique Crête Attorney for the declarant Me Patrick Cormier Attorney for the mother