2012 QCCQ 15598, 2012 QCCQ 15598

Protection de la jeunesse — 123273 2012 QCCQ 15598 JC1649 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Locality of [...] « Youth division » N° : 640-41-001422-119 DATE : February 8, 2012 UNDER THE PRESIDENCE OF : HONOURABLE PAUL CHEVALIER, J.C.Q.

In the case of : X ([…], 1995) JUDGMENT ON A MOTION FOR PROTECTION (Sec. 38, Youth Protection Act) [ 1 ] The Director of Youth Protection asks the Court to declare the security and development of the youth X endangered. [ 2 ] The evidence establishes, and the youth acknowledges it, that she displays serious behavioral problems such as alcohol and drugs related problems, aggressive behavior when intoxicated by alcohol or drugs, not attending school regularly and having difficulty to accept authority. [ 3 ] The youth was placed, in December 2011, by a provisional order of the Court in a Reception Center. [ 4 ] The Director of Youth Protection asks the Court to order that the youth be sent to a Reception Center for a period of one year in order to have a structured and safe environment for her. [ 5 ] The youth wishes to go to a treatment center to get rid of her alcohol and drugs related problems. [ 6 ] She wishes to go to her mother's place before she is admitted to such a center, hoping that she will have the possibility to attend a treatment center with her mother, but accepting to go alone if she cannot be with her mother. [ 7 ] The mother's cooperation with the Director of Youth Protection has been far from being appropriate up to now. [ 8 ] She nevertheless wishes to get her daughter back with her before she is accepted in a treatment center, and she undertakes to call the Director of Youth Protection and/or the police if her daughter does not respect her rules or the Court's order. [ 9 ] Since the youth has been placed in the Reception Center, she ran away on many occasions, thus showing that this Reception Center is far from being a structured environment that can provide the assistance needed by the youth. [ 10 ] The mother's situation has changed since the motion for protection was prepared, and it is much more stable. [ 11 ] The Court is of the opinion that it can take the risk of bringing the youth and her mother together again on certain conditions. [ 12 ] The mother must understand that she has to fully cooperate with the Director of Youth Protection and to report every breach, by her daughter, of the rules she will have to establish at home and of the ruling of the Court. [ 13 ] The youth must understand that any failure by her to obey her mother's rules or to comply with the Court's order will bring her back to a rehabilitation center because she will have shown that despite her promises, she cannot behave properly.

[ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the motion for protection; [ 16 ] DECLARES the security and development of the youth X to be endangered; [ 17 ] ORDERS the youth to be entrusted to her mother; [ 18 ] ORDERS the youth and her mother to fully cooperate with the Director of Youth Protection; [ 19 ] ORDERS the Director of Youth Protection to find a treatment center for the youth, since she expressly states that she wants to undergo a therapy for her alcohol and drugs related problems; [ 20 ] ORDERS the youth to attend such treatment center as soon as possible and to fully participate in such therapy until it is completed; [ 21 ] FORBIDS the youth and the mother to have in their possession or to consume any intoxicating substance except according to a valid medical prescription; [ 22 ] FORBIDS the youth to be in the presence of people when they consume alcohol or drugs; [ 23 ] ORDERS the mother to notify the Director of Youth Protection of any failure by the youth to respect the house rules or the Court order; [ 24 ] ORDERS that aid, counsel and assistance be brought to the youth and her mother; [ 25 ] ORDERS any police officer to collaborate in the execution of this order; [ 26 ] ENTRUSTS the youth's situation to The Director of Youth Protection for enforcing this order; [ 27 ] THE WHOLE for a period of one year.

PC/nc PAUL CHEVALIER, J.C.Q. Me Alexandre Simon, For the D.Y.P. Me David Ouelette, For the youth. Mrs A, mother, Present but unrepresented. Date of the hearing : February 8 th , 2012.