2012 QCCQ 11360, 2012 QCCQ 11360

Protection de la jeunesse — 123764 2012 QCCQ 11360 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004196-120 DATE: March 28, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1995 Youth DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the child ______________________________________________________________________ JUDGMENT ______________________________________________________________________

CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection alleges that the security and the development of the adolescent X are in danger, in reason of serious behavioural disturbances and negligence, as detailed more amply in paragraph 3 of the motion for protection. [ 2 ] As well as other measures of aid and assistance, the Petitioner recommends that the adolescent be entrusted to a reception center for 9 months. [ 3 ] The Court proceeds in the absence of the father, following the testimony of the Petitioner to the effect that he is aware of the Court date and had signalled his agreement with the orientation proposed.

The admissions of the parties present are noted in the Court record and they indicate their assent as to the measures proposed. The mother adds that she wishes a renewed mental health assessment of her daughter and that her daughter respect a medical prescription, if such is the case. [ 4 ] The adolescent resides with her mother and sister, Y , in the rural community of A. The father has irregular access to the children and is minimally involved in their lives. [ 5 ] The Director of Youth Protection intervenes after a violent conflict in the family.

On February 7, 2012, an argument between the mother and her two adolescents degenerates to physical confrontation, following which the mother calls for a police intervention. The mother expulses her daughter's from the home and on a provisional basis, Y is sent to reside with her grand mother, while X is entrusted to a reception center. [ 6 ] The last few years are increasingly challenging for the family.

The mother lacks the tools necessary to counter her daughters oppositional behaviors, who, concurrently refuse to respond to the implementation of structure and rules, as these have not been applied with consistency or coherence in the past. [ 7 ] In the home, communication is deficient and there is a high level of volatility and tension. Fights are recurrent and, in the absence of a means of diffusion, rapidly escalate in intensity and loss of control. The police intervene on numerous occasions in the last year.

The mother and her daughters are overwhelmed and frustrated with their family situation. [ 8 ] The mother regularly leaves her daughters alone in the home for extended periods of time (few days). [ 9 ] The mother tends to blame the family issues on X , who, in turn, feels rejected and responds with aggression and opposition. The sibling relationship is also problematic, vacillating between rivalry and complicity, oftentimes with delinquent and oppositional overtones. [ 10 ] X has a history of drug and alcohol consumption, self-mutilation and mentions having had many suicidal ideations in the past.

These behavioral difficulties previously resulted in her placement in a reception center in 2010. During that period, she was evaluated at the A Hospital, which diagnoses a severe personality disorder, ADHD (Attention Deficit and Hyperactivity Disorder) and conduct behavior. X ceases the medication prescribed to control her behaviours, although a significant improvement is observed. [ 11 ] The family has moved frequently, resulting in X having attended numerous schools. At her current high school, the adolescent is oppositional and disrespectful to the authorities.

She is suspended on numerous occasions, for disregarding the regulations, drug possession, skipping, peer conflicts, etc. Attempts at structuring the adolescent are unsuccessful (behavior contract, mediation), and results in her being expulsed from a work orientation training program. She is failing academically. [ 12 ] X responds well to the structured environment of the reception center and is generally respectful of rules and staff. Withdrawn from an environment, which could not respond to her needs, the adolescent's qualities come forth.

Wilful, confident and independent, she demonstrates the means to succeed and reach her objectives, inasmuch as she chooses to funnel her forces in the right direction. To do so, her oppositional behaviours and anger management issues need to be fully addressed and in view of assuaging these, she agrees to fully cooperate in the measures and more particularly, respect any medication that might be prescribed. [ 13 ] The goal of the intervention is the reintegration of the adolescent in her maternal environment.

To reach this goal, the mother must be tooled and encouraged to apply structure in a clear and coherent manner. In addition, the various relationships (mother- daughter, sibling) must be decontaminated from the debilitating negativity of the last years, with mutual respect being established as the cornerstone of the interactions. [ 14 ] At this crucial juncture of preparation for adulthood, X needs to remain focused in an environment that can offer what she requires to develop positively.

Without adequate structure and supervision, she risks continuing down the slippery slope of delinquency, drug and alcohol dependency, etc. [ 15 ] All involved affirm being prepared to cooperate with the intervention. Furthermore, the progression up to date is encouraging, although much work and effort remain to be given. [ 16 ] The Court determines that the security and the development of the adolescent are in danger in reason of her serious behavioural disturbances and in reason of neglect. [ 17 ] The recommendations forwarded by the Director of Youth Protection are appropriate and in her best interests.

The Court further takes act of the parties agreement to respect the recommendations of the health care professionals as to medication for the adolescent, if such is the case.

[ 18 ] For those reasons, the Court : [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the adolescent X are in danger; [ 21 ] ORDERS that the adolescent be placed in a reception center; [ 22 ] ORDERS that the adolescent and her parents undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 23 ] ORDERS that the adolescent receive the necessary health services required by her situation, including an evaluation with resource A, or a mental health screening by a psychologist; [ 24 ] TAKES ACT that the mother and an adolescent agree to respect the recommendations of the health care professionals, including medication, if such is the case; [ 25 ] ORDERS that the contacts between the adolescent and her parents be determined following mutual agreement between the parties; [ 26 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her parents for nine (9) months; [ 27 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures; __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Karine Nantais Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Maryse Fournier Attorney for the child Date of hearing: March 28, 2012