2012 QCCQ 17895, 2012 QCCQ 17895

Protection de la jeunesse — 127355 2012 QCCQ 17895 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-024716-110 Date: November 15, 2012 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 15, 2012, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision of an order rendered by the undersigned, on October 18, 2011, whereby the now sixteen year-old adolescent, X , was entrusted to a rehabilitation center with a possible reintegration to her parents' care after six months, with aid, counsel and assistance for a period of one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1. The adolescent remained in a rehabilitation center with weekend visits to the parents' home; 3.2.

On October 27 th , 2011, a signalement was received with allegations pertaining to emotional abuse of the adolescent by C whom she is in a relationship with; 3.3. On an ongoing basis, Mr. C is verbally abusive towards the adolescent, denigrates her and the adolescent's relationship with her parents, accuses her of talking and having sexual relations with other men, screams and swears at her;

3.4. The adolescent has reported and been observed to be isolated from her friends; 3.5. During the weekend visits to the home, the adolescent has failed to consistently report her whereabouts varying from several hours to several days; 3.6. The adolescent later admitted that during this time, she has been with Mr. C; 3.7. On at least one (1) occasion, Mr. C has been aggressive on the phone towards the rehabilitation center staff and has since maintained phone contacts with the adolescent through a cell phone; 3.8. On January 27 th , 2012, the adolescent reported a fight she had on her cell phone with Mr.

C during which he accused her of talking to and sleeping with other men; 3.9. Mr. C later called the home during which noises indicated he was breaking objects and banging his head; 3.10. The same day, as the adolescent was on her way to a medical appointment, Mr. C was waiting outside, close to the home, and mouthing words and pointing to the adolescent; 3.11. The adolescent later received a text message from Mr. C indicating he had cut himself forty (40) times on his arms; 3.12. That same day, the adolescent failed to return to the rehabilitation center; 3.13.

On January 30 th , 2012, the adolescent was located by the police at Mr. C's home and further brought back to the rehabilitation center where she has remained; 3.14. The adolescent has threatened to run away should she not be able to continue her relationship with Mr.

C (reproduced with errors and/or omissions). [ 4 ] The hearing on the merits began on March 29, 2012 and was continued on April 11, August 27 and finally on November 15, 2012. [ 5 ] In light of the parents' objection to the adolescent's continued placement, and considering a number of undertakings by the adolescent and her parents to redress the situation, the Court entrusted her to her parents on an interim basis. [ 6 ] At the last hearing date on November 15, 2012, in light of developments in the situation, the Director recommends that the adolescent remain entrusted to her parents, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 7 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented to the proposed measures. [ 8 ] Although duly informed, the father chose not to attend the hearing and the Court proceeded in his absence. [ 9 ] The adolescent, assisted by Me Laforce, admitted most of the alleged facts and consented to the proposed measures. [ 10 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court Report, prepared by [social worker 2], dated March 16, 2012.

D-2: Addendum to Court Report, prepared by [social worker 2], dated August 1, 2012; D-3: Addendum to Court Report, prepared by [social worker 1], dated November 9, 2012. [ 11 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 12 ] On a positive note, the adolescent claims to have definitively ended her abusive relationship with Mr. C. However, she appears to have gained little insight into her behavior and therefore remains at risk of repeating the same pattern. [ 13 ] Although her parents are undoubtedly well-intentioned, they need to provide much firmer guidance for their daughter until she learns to make responsible choices for herself. [ 14 ] Although she expresses wanting to take positive steps, she repeatedly fails to follow through.

For instance, she continued to skip school – the report refers to "chronic absenteeism" [1] . She repeatedly failed to attend a number of appointments with social workers and other service providers.

Despite her undertakings, she did not seek services from center A and was unable to satisfactorily explain herself. [ 15 ] She will need much clearer and stricter direction from her parents in order to develop the skills and self-discipline she will need to fulfill her potential. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded. [ 17 ] THEREFORE, THE COURT: [ 18 ] GRANTS the motion;

[ 19 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ENTRUSTS the adolescent to her parents; [ 21 ] ORDERS that the adolescent and her parents collaborate with the Director of Youth Protection in an effort to register her in a suitable educational program; [ 22 ] RECOMMENDS that the adolescent undergo a psychoeducational assessment and follow through with any recommendations; [ 23 ] TAKES JUDICIAL NOTICE of the mother's undertaking to ensure that a psychoeducational assessment is carried out within reasonable delays; [ 24 ] ORDERS that the adolescent inform her parents of her whereabouts at all times; [ 25 ] ORDERS that the adolescent and her parents collaborate with the Director of Youth Protection, including meeting with the delegate and educator when requested; [ 26 ] ORDERS that the parents enforce house rules for the adolescent; [ 27 ] ORDERS that the adolescent attend school on a regular basis; [ 28 ] ORDERS that the adolescent undergo random drug and alcohol testing; [ 29 ] TAKES JUDICIAL NOTICE of her agreement to do so; [ 30 ] TAKES JUDICIAL NOTICE of the adolescent's undertaking to participate actively and effectively in the A Program and to seek and follow through with individual therapeutic services at center A and to follow any measures that may be recommended and, consequently, ORDERS that she do so; [ 31 ] RECOMMENDS that the father undergo a substance abuse assessment and follow through with any treatment recommendations; [ 32 ] PROHIBITS all contacts between C and X; [ 33 ] AUTHORIZES the Director of Youth Protection to exchange information regarding participation and attendance with the family's treating professionals; [ 34 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and her family; [ 35 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centers A, who shall then see that the measures are carried out; [ 36 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Sym Davis / AN4187 Attorney for the Director of Youth Protection Me Pauline R. Laforce / AY9621 Attorney for the adolescent Hearing dates: March 29, April 11, August 27 and November 15, 2012 .

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