2013 QCCQ 19373, 2013 QCCQ 19373

Protection de la jeunesse — 137886 2013 QCCQ 19373 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004534-130 DATE: September 4, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1998 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________

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 presents a motion for protection concerning X, born on […], 1998. [ 2 ] The motion alleges that the security and the development of the adolescent are in danger in reason of her serious behavioural difficulties.

The Director proposes the application of protective measures for one year, including the entrustment of the adolescent in a reception center. [ 3 ] The Petitioner produces the reports on the analysis of the adolescent's social situation as evidence in lieu of testimony and this, by consent. The parties consign their admissions in the Court record and affirm their assent as to the recommendation of measures.

Both parents request that their daughter be seen by a psychologist, as well as by a behavioural therapist. [ 4 ] ANALYSIS AND DECISION [ 5 ] The Director of Youth Protection evaluates the adolescent's situation in July 2013, regarding a complaint of serious behavioural difficulties. At that time, the adolescent resides with her parents. [ 6 ] All parties recognize the existence of recurrent arguments and crises in the family environment. X can react strongly to refusals, using verbal and physical violence. She rejects her parent's authority and interacts with questionable persons.

The parents fear that she is frequents members of a gang and engages in drug and alcohol consumption. [ 7 ] The adolescent isolates herself from the other family members. For the last two years, she eats her meals in her room and lives a separate life from the rest of the family. [ 8 ] This situation carries on in the school environment. In the last year, X attends three high schools, after successive expulsions in reason of her violent and delinquent behaviours. [ 9 ] The parent's relationship is tenuous and they have difficulties maintaining a coherent and concerted response to their daughter's behaviours.

Notwithstanding, the evidence demonstrates that they take measures to structure their daughter and shield her from the negative elements she gravitates toward. These efforts are to no avail, with the adolescent systematically rejecting their authority and rules, as well as refusing to collaborate with the various services called upon to aid the family (CAFÉ, CLSC). [ 10 ] The extreme reactions of the adolescent eventually overwhelm the parents and in view of the little impact of their other efforts, they finally resort to avoidance in order to bypass confrontations.

Furthermore, the parents can vehicle contradictory messages, the evidence demonstrating that although they openly question their daughter's frequentations and pastimes, they facilitate her transportation and offer her money for outings. [ 11 ] On August 7 th , an orientation takes place, wherein the parents underline their inability to protect and structure their daughter. X responds by blaming the entire situation on her parents and demonstrating a lack of respect for all present. Upon the announcement of her placement, the adolescent has an extreme reaction including verbal and physical violence.

A police intervention is necessary, resulting in the restraint of the adolescent and her transport to the police station. [ 12 ] The following day, the Court confirms the adolescent's provisional placement in a reception center. In this milieu, the adolescent continues to disrespect adults in authority. She doesn't recognize the reasons justifying her removal from her family environment and consequent placement in a structured setting.

Since her integration, she remains in a highly structured unit, in reason of her oppositional behaviours and for security issues. [ 13 ] The evidence convinces the Court that the security and the development of the adolescent are in danger in reason of her serious behavioural disturbances.

The parties recognize that she requires a structured and stable environment in order to properly address the various sources of her difficulties. [ 14 ] The Court cites approvingly, the following passage of the orientation report: In order for X to develop in a positive and secure way, bring her to be a balanced adult, she needs a stable environment where she will be reassured and where all her different needs, from her basic needs to her affection and authority needs, will be satisfied.

X has become so accustomed to doing and acting however she likes, that once her parents present any kind of authority, she responds with disorganized behaviours. X has learnt that her behaviours are acceptable and is incapable of functioning both inside and outside the home. The aim of the intervention is for the adolescent to be able to function appropriately in all spheres of her life. X will need to learn how to respond to authority and to structure.

The parents will need to collaborate with our services in order to learn how to deal with X and how appropriately respond to her behaviours. (pages 6 and 7) [ 15 ] As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the adolescent.

[ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion for protection; [ 18 ] DECLARES that the security and development of the adolescent are in danger regarding a situation of serious behavioral disturbances; [ 19 ] ORDERS that the adolescent be entrusted to a reception centre for a period of one year; [ 20 ] ORDERS that the adolescent and the 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 are in danger; [ 21 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her parents for a period of one year; [ 22 ] TAKE ACTS of the parties' agreement that the adolescent benefit from a psychological evaluation; [ 23 ] 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: September 4, 2013