2018 QCCQ 14448, 2018 QCCQ 14448

Protection de la jeunesse — 184962 2018 QCCQ 14448 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41-032755-175 DATE : April 4, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2002 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 4 th , 2018. [ 2 ] The Director of Youth Protection (the Director) seizes Court of an application for revision of a decision rendered by the undersigned on August 31 st , 2017. The Director is asking that the child remains entrusted to her parents and that aid, counsel and assistance, along with other measures, be provided for a period of nine (9) months. [ 3 ] The adolescent admits partly the facts alleged in support of the application.

She agrees with the conclusions sought by the Director. [ 4 ] The parents admit the facts alleged in support of the application. They are committed to work collaboratively with the Director and agree with the conclusions. CONTEXT [ 5 ] It appears from the evidence that the youth continued to exhibit serious behavioural disturbances throughout the fall 2017. She remained defiant towards her parents’ authority, not respecting curfew and house rules. In addition, the adolescent often did not inform her parents of her whereabouts.

[ 6 ] Late October 2017, the youth ran away and, upon her return, was sent to respite in a group home for five (5) days, following the services of the A Program. [ 7 ] End of November, the youth was suspended from school. Early December, following a verbal argument with her parents, the adolescent threatened to run away. On both occasions, respite was provided to the adolescent. [ 8 ] January 11 th , the youth returned home while being under the influence of Xanax . Her behaviour was out of control.

That same day, police intervention was necessary for the adolescent to calm down. [ 9 ] Two weeks later, during a meeting with the educator involved, the father expressed his concerns about his daughter’s use of drugs and alcohol as well as her involvement with adult males. The parents requested that the adolescent be placed in a rehabilitation centre as they felt overwhelmed by the situation and more particularly with her behavioural issues. Immediate protective measures were invoked and the youth was entrusted to a rehabilitation centre. [ 10 ] Since then, the situation of the adolescent has improved.

The parents as well as the worker recognize that the adolescent has demonstrated a commitment to work on her situation and to improve her relationship with her parents. [ 11 ] The parents remain committed to work collaboratively with the Director in order to address and improve the issues at stake. [ 12 ] It is understood that the application for revision presented by the Director was necessary in order to allow the provisional foster care of the adolescent in a rehabilitation centre.

Now that the situation allows for the return of the adolescent to her parents’ care, the Director of Youth Protection seizes the opportunity to request, right away, that the court order be extended to allow intervention for a period of nine (9) months. Under the circumstances, the Director has convinced the Tribunal that a longer court order would better meet the needs of the adolescent.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of X are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 14 ] ENTRUSTS the adolescent to her parents; [ 15 ] TAKES ACT that the adolescent, with her parents, wishes to continue to participate in the A Program; [ 16 ] RECOMMENDS that the adolescent and the parents follow through with the recommendations of the educator involved; [ 17 ] RECOMMENDS that the adolescent participate in a psychological follow-up; [ 18 ] RECOMMENDS the adolescent to address her mental health issues; [ 19 ] RECOMMENDS that the adolescent continue to take her medication as long as prescribed; [ 20 ] RECOMMENDS that the family attend family counselling; [ 21 ] RECOMMENDS that the adolescent undergo random drug testing when requested to do so by the Director of Youth Protection; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of nine (9) months [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out.

Signed on _______________ _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Christine Waldvogel Attorney for the Director of Youth Protection Me Adriana Chafoya-Hunter Attorney for the adolescent Date of hearing : April 4, 2018