2015 QCCQ 8287, 2015 QCCQ 8287

Protection de la jeunesse — 15418 JL 4031 COURT OF QUÉBEC 2015 QCCQ 8287 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-027794-130 DATE : January 14 th , 2015 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X Adolescent And A B parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to revise an order rendered by the Honorable Guy Lecompte on September 29 th , 2014, entrusting the adolescent to her mother’s care with other corrective measures, the whole until her age of majority. [ 2 ] As further explained later, things at home broke down and X ended-up returning to placement in early December. Today, the Director is recommending that X remain in placement until majority. [ 3 ] Both X and her mother are present and both testified, as did the youth protection worker.

X and her mother agree with the description of facts contained in the motion and in the Court report as well as with the recommendations put forward by the Director. [ 4 ] The Court retains from the evidence that the situation quickly deteriorated after the last Court order. [ 5 ] The mother complained about her daughter being aggressive with her, including being physically violent at times. She also expressed concern about these behaviours taking place in front of her younger children. [ 6 ] There has also been concern that X has had contact with M.

C, the uncle who allegedly sexually abused her. [ 7 ] Although X’s version of events is often different from her mother’s, she recognizes that she cannot spend extended periods of

time at home. [ 8 ] Given these difficulties, the Court was seized and on December 8, 2014, it was ordered that until today, X be entrusted to a rehabilitation centre, the court taking notice that she had been accepted into the Girl’s Apartment Project (GAP). [ 9 ] X moved into GAP the following week and adjusted quickly. She is living with another girl and an adult monitor, and things are going well. She is actively working on her independent living skills and has done very well in school. She plans on being a lawyer and by all accounts, has everything needed to reach her dreams, whatever they may be.

It should also be mentioned that it is clear that she can also always count on her mother’s support. [ 10 ] The mother has made it clear that it is not easy for her to see her daughter move-out. It is clear that the two have a strong bond. [ 11 ] X and her mother maintain regular if not daily contact with each other.

X also visits home regularly. [ 12 ] Of note, X is open to receiving various forms of counselling, something the Director is helping X organize. [ 13 ] It is also X’s intention to stay away from her uncle. [ 14 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the Motion for Revision ; and [ 16 ] DECLARES that the security or development of the adolescent is still compromised; [ 17 ] ORDERS that X be entrusted to a rehabilitation centre until her age of majority, TAKING NOTE that she has been accepted into the Girls Apartment Program; [ 18 ] ORDERS that X and her mother ensure that they do not display violence at home; [ 19 ] ORDERS that the frequency and modality of contacts between X and her father be determined by the Director of Youth Protection; [ 20 ] PROHIBITS any contact between X and Mr.

C; [ 21 ] ORDERS that X follow through with the recommendations of the psychological assessment; [ 22 ] RECOMMENDS that the Director find appropriate therapeutic services for X, if she wants to have those services; [ 23 ] ORDERS a person working for [Center A] to provide aid, counsel and assistance to the adolescent and the family; [ 24 ] THE WHOLE UNTIL HER AGE OF MAJORITY; [ 25 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 26 ] ORDERS the execution of this judgement by any peace officer, if necessary; _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Me Nadia Sabik Attorney for the Director Me Alec Fafard Attorney for the adolescent Hearing date: CL/nl January 14 th , 2015 CL/nl