2014 QCCQ 12706, 2014 QCCQ 12706

Protection de la jeunesse — 141787 2014 QCCQ 12706 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Court Division No: 760-41-004599-133 DATE: January 8, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...] , 1996 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________

JUDGMENT ______________________________________________________________________ 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 Director of Youth Protection presents a motion for protection concerning X , born on [...] , 1996. [ 2 ] The motion alleges that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances, namely alcohol and drug consumption as well as opposition to authority and rules.

The Director recommends that the Court order the application of protective measures until the majority of the adolescent, while maintaining her in her maternal environment. [ 3 ] The Court dispenses service to the father after receiving evidence to the effect that he resides in CITY A , [...] and is aware of the proceedings.

The caseworker further testifies that the father indicates being in agreement with the motion and ready to cooperate. [ 4 ] The mother and the adolescent consign their admissions to the Court file and consent to the measures. [ 5 ] ANALYSIS AND DECISION [ 6 ] The Director of Youth Protection evaluates the situation of the adolescent in December 2013. [ 7 ] The adolescent resides with her mother. The mother states that she is overwhelmed with her daughter's problematic behaviours, which are intensifying in the last months.

Her efforts to structure her daughter are ineffective and she requests help. [ 8 ] The adolescent exhibits the following behaviours: • Drug and alcohol use; • School absenteeism; • Disregard of house rules; • Opposition to authority; • Running away; • Frequentation of negative peers; • Delinquency; [ 9 ] The Director proceeds to the emergency placement of the adolescent in a reception center, decision confirmed on a provisional basis by the Court on December 5, 2013. [ 10 ] In the group home setting, the adolescent functions adequately. She cooperates with the measures put in place.

The communication with her mother improves and she respects the home rules during her visits home.

The evidence demonstrates that the adolescent responds to a structured environment. [ 11 ] Seeing the positive evolution, the parties agree that rehabilitation is no longer necessary, contingent on the respect of certain factors: • X regularly attend school and make efforts to succeed; • X attend a drug and alcohol assessment and follow-through on the recommendations; • X abstain from consuming illicit drugs, or alcohol; • X accept mental health counselling; • X respect the house rules (including a curfew); • Continued support from ACFS; [ 12 ] The adolescent testifies before the Court and affirms her intention to cooperate fully with the measures put in place to shoulder her progress and make a success of her return home.

She understands the fragility of her situation and the consequences of a renewed degeneration of her behaviours. [ 13 ] X 's father has limited contacts with his daughter, these being mostly by way of phone calls. He is aware of the recommendations and agrees to the terms of the intervention. [ 14 ] The objective of the intervention is to maintain the adolescent in her home environment, by responding to her needs for structure and consistency. In view of her imminent adulthood, a larger part of the responsibility of the success of the measures depends

on the adolescent and her ability to recognize the link between her positive development and adopting socially acceptable behaviours and making healthy choices. [ 15 ] After evaluating the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

The Court endorses the measures recommended by the Director of Youth Protection, which are the reflection of the adolescent's best interests, while concurrently receiving the approval of the parties. [ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] DISPENSES service of the motion for protection to the father; [ 18 ] GRANTS the motion for protection; [ 19 ] DECLARES that the security and development of the adolescent are in danger due to a situation of serious behavioral disturbances; [ 20 ] ORDERS that the adolescent be entrusted to her mother; [ 21 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her family until [...] , 2014; [ 22 ] ORDERS that the adolescent and her parents undertake an active

part in the application of the measures; [ 23 ] ORDERS that the adolescent regularly attend school; [ 24 ] ORDERS that the adolescent receive specific health care and health services, namely a drug and alcohol assessment, as well as a follow-up for her mental health; [ 25 ] TAKES ACT of the adolescent's agreement as to the following: - Compliance and respect of the house rules; - Respect of a curfew from 9h00 p.m. on weekdays and 10h00 p.m. on weekends, save an agreement between her mother and the Director of Youth Protection; - Active participation in a drug and alcohol assessment and compliance with the recommendations made, if such is the case; - Active participation in a follow-up as to her mental health; - Abstinence from consuming any alcohol or drugs (save in compliance with a legally obtained prescription). [ 26 ] 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: January 8, 2014