2017 QCCQ 11825, 2017 QCCQ 11825

Protection de la jeunesse — 175112 2017 QCCQ 11825 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000147-167 DATE: August 22, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X born on [...], 2002 [SOCIAL WORKER1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized with a motion in revision and prolongation of the judgment rendered on November 9, 2016, by Mrs. Justice Lucille Beauchemin, concerning the situation of X, 14 ½ years old. [ 2 ] The applicant, Mrs. [Social Worker1], asks that the youth be entrusted to her parents, that she receives social follow up and that she and her parents engage themselves in a family therapy.

She also asks the youth complete her therapy at Akwasasne. [ 3 ] At the hearing, the parents are presents assisted by Me Marie-Josée Ayoub and Me Michel Grenier. The youth is represented by Me Yan Massé. Me Camille Champeval assists the applicant. [ 4 ] The parties admit most of the facts alleged in the motion and agree with the recommendations done by the social worker in her revision report, filed. [ 5 ] Evidence reveals that the youth did not respect rules imposed to her in the last judgment.

She did not attend school regularly, did not respect curfews, did not inform her parents of her whereabouts and she consumed alcohol and drugs. The parents tried to control her with their guidance and efforts but they failed. [ 6 ] Last April 2017, the youth finally decided to attend the therapy in Akwasasne. She started in April and on May 8, while allowed to spent few days with her mother in Montreal, she refused to return. Consequently, later she came back with her mother in the community, then mother acknowledged being overwhelmed with the youth’s behaviour.

Finally, the youth decided to return in treatment and she must graduate in August. [ 7 ] The mother visited her on the week-end of June 23 to 25 and it went well. [ 8 ] When this therapy will be completed, the parents want to decide with her and the social worker where is the best structured place for her. It could be with the mother with regular access with her father or vice versa.

The youth must realise that both parents expect the same from her and offer her the same structured setting, and finally that they both care for her well-being. [ 9 ] The parents must also collaborate actively with the social worker, be honest and trust worthy. They most develop their parental capacities, have a better communication with their daughter. A family counselling will be provided to achieve those goals and they agreed to participate. They are ready to overcome their various problem and to make their daughter aware that they really care for her. In

such context, with the social worker’s expertise, the parents will be in position to decide with whom X should reside. [ 10 ] Considering the parents and youth’s agreement with such measures and the whole evidence; THEREFORE THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on [...], 2002, are still compromised; [ 13 ] ENTRUSTS the youth to her parents; [ 14 ] ORDERS the youth to respect the following rules: − Prohibition to consume alcohol or drugs, except if prescribed by a doctor; − Regular attendance at school; − Respect the house rules and curfew fixed by the parents; − Attends external follow up as recommended by the centre and the social worker; − Meet with the social worker regularly. [ 15 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the youth and her parents for 8 months; [ 16 ] ORDERS the youth and the parents to engage family counselling; [ 17 ] ORDERS the youth to complete her treatment at Akwasasne; [ 18 ] ORDERS the parents and the youth to authorize the Director of Youth Protection to communicate with their therapists and obtain information for the purpose of attendance and progress; [ 19 ] ENTRUSTS the youth’s situation to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Camille Champeval Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: July 4, 2017