2017 QCCQ 7922, 2017 QCCQ 7922

Protection de la jeunesse — 173325 2017 QCCQ 7922 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] «Youth Division» N° : 505-41-008606-172 DATE : March 7th, 2017 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on [...], 2001 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child JUDGMENT

Section 38 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is ask to make a determination on a declaration of protection according to

section 38 of the Youth Protection Act; [ 2 ] In support of demand, the declarant alleges that the security and development of the child are compromise for the following reasons:

a) The child lives with her mother;

b) The child visits her father every second week-end;

c) The relationship between the child, her parents and her sisters is a source of conflicts;

d) On November 25 th , 2017, a report for a situation of serious behavioral disturbance is accepted for evaluation;

e) The child has a problematic behavior such as: i. She regularly has important temper fits at home; ii. She can be aggressive and violent with her family; iii. She misses school classes without authorization; iv. She uses drugs; v. She doesn’t inform her parents of her whereabouts;

f) The mother contacted the crisis center of the CLSC to get some help but the child refused to receive the services;

g) During the month of October, the parents tried to entrust the child to the father, but it turned out to be failure because she didn’t respect the house rules and she managed to run away;

[ 3 ] The father, although informed of the hearing, is absent. The Court proceeded in his absence following

Article 77 of the Youth Protection Act. [ 4 ] The child, by her attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 5 ] The mother, through her attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-3 Rapport d’évènement du Service de police de Ville A, numéro […]; D-4 Student records, detailed absences for the period of August 31, 2016 till January 30, 2017; D-5 Evaluation report, written by [Social Worker 1], dated on February 7, 2017; D-6 Orientation report, written by [Social Worker 1], dated on February 28, 2017; [ 7 ] The Court shares the clinical analysis of the social worker, [Social Worker 1] as: [1] The explanation for X’s actual behaviour is very complex but some leads for the youth protection intervention can be brought out.

The mother can be accompanied in reinforcing her authority as a parent while the father can be supported in developing some flexibility in his approach. Mr. B would also benefit from getting some ideas on how to continue to show his daughter he loves her despite the difficult situation she is in right now. As for X, she will have to develop self-control in emotional situations. Particularly, the youth will have to develop the step back perspective of situations that are confronting for her.

In the end, the objective will be that X be able to make appropriate choices and return home as soon as possible. [ 8 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on the allegations of the declaration and therefore: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and the development of the child, X , are in danger for the following reason: • 38f): serious behavioural disturbance; [ 11 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by Director of Youth Protection A; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 13 ] ORDERS that the child and her parents participate actively in the measures to correct the situation and more particularly that they implicate themselves in the intervention plan; [ 14 ] ORDERS that the contacts between the child and her parents be upon agreement between the parties; [ 15 ] ORDERS that the child receive certain health care and health services, more particularly a psychological follow-up; [ 16 ] TAKES ACT that the child is in agreement with psychological follow-up; [ 17 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 18 ] THE WHOLE for a period of six months; __________________________________ MIREILLE ALLAIRE, J.C.Q.

Me Myriam Couillard Attorney for the child Mme Élise Guilbault (stagiaire) Attorney for the declarant