2014 QCCQ 12699, 2014 QCCQ 12699

Protection de la jeunesse — 141780 2014 QCCQ 12699 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004402-130 DATE: January 8, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1999 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE DE A Petitioner -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 Director of Youth Protection presents a motion for extension of a Court decision rendered on April 5, 2013 concerning X , born on [...] , 1999. [ 2 ] The previous decision determines that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

The Court orders the application of protective measures for 8 months, and more notably entrusts the adolescent to a reception center. [ 3 ] The motion for extension alleges that the family environment cannot support the adolescent's needs for structure and this, despite a stabilization of her problematic behaviours. The Director recommends the pursuit of their intervention for one year, including the progressive integration of the adolescent in a foster home. [ 4 ] The mother, duly served of the proceedings, is absent.

She leaves a telephone message to the caseworker to the effect that she will not be present for the Court hearing and ''is done'' with their services. The Court deplores the situation and proceeds in her absence. [ 5 ] The father and the adolescent consign their admissions to the Court file and consent to the measures sought by the Director of Youth Protection. [ 6 ] ANALYSIS AND DECISION [ 7 ] Since the last order, the adolescent evolves positively in a reception center, specifically in a group home setting.

She participates actively in the measures, attending counselling on a regular basis and pursuing her studies. She is a competitive participant in numerous sports and activities. [ 8 ] In a structured setting and under adequate supervision, the adolescent functions properly and demonstrates being capable of following rules and routine.

The evidence demonstrates that outside the purview of such structure and attention, she can return to the problematic behaviours, which initially justify her placement (running away, opposition, manipulation). [ 9 ] The adolescent's relationship with her mother is still fraught with mutual frustration and tension. Trust and communication remain at issue. Attempts at family counselling are unsuccessful.

The adolescent admits that her relationship with her mother requires work and is an impediment to her return home. [ 10 ] Since November, the caseworker observes that the mother is more collaborative with their services. It remains to be seen if her last message to the caseworker is a reflection of her future implication. The interests of the adolescent dictate that the mother remains an integral part of the measures and participates actively with the Director of Youth Protection. [ 11 ] Until approximately two years ago, the father is mostly absent from his daughter's life in reason of his incarceration.

Their relationship is still in need of construction, as their respective roles require definition. Specifically, the father requires support to learn to adequately respond to his daughter's needs for structure and X needs to accept to respect her father as an authority figure. [ 12 ] In November 2013, the Director suspends the father's visitation, following his lack of supervision of his daughter, resulting in incidents wherein the adolescent put herself in potentially dangerous situations.

The father does not make himself available for the intervention and fails to seek further access to his daughter. [ 13 ] The parent's strained relationship permits the adolescent to triangulate and manipulate information to her advantage. Both parents are presently participating in a Nurturing Parenting Program in view of offering a stable and consistent environment to their daughter. [ 14 ] At the hearing, the father forwards his intention to pursue the Nurturing Parenting Program and to make himself more available for the caseworker. He seeks the eventual re-establishment of his contacts with his daughter.

The Court shores his commitments by consigning these as conditions to the pursuit of contacts. [ 15 ] The aim of the intervention is the return of X in her home environment. The parent's mitigated involvement with the measures afford little in the way of progress as to their capacities to respond to the needs of their daughter in their respective environments.

For these reasons, the interests of the adolescent dictate the extension of measures in view of accompanying the parents in the rehabilitation of their parental roles, while integrating the adolescent's abilities to make healthy choices. [ 16 ] The adolescent demonstrates being able to function in a less-structured setting.

Presently, the adolescent's family environments cannot respond to her needs and therefore, the recommendation of her transfer to a foster home is in her best interests. [ 17 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the adolescent are still in danger;

[ 21 ] ORDERS that the adolescent be place in a rehabilitation centre until February 8, 2014; [ 22 ] ORDERS that the adolescent be placed in a foster family as of February 8, 2014; [ 23 ] PERMITS that the adolescent integrate progressively a foster family; [ 24 ] RECOMMENDS that the mother and stepfather continue to work with ACFS and complete a nurturing parenting program; [ 25 ] RECOMMENDS that the father complete a parenting program; [ 26 ] RECOMMENDS that the parents assist ACFS with authorization of any documents required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 27 ] ORDERS that the contacts between the adolescent and her parents be determined following a mutual agreement between the parties, and as to the father that his access be conditional to his continuing his parenting program and meeting with the worker to establish a calendar; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her parents for a period or one year; [ 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 Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: January 8, 2014