2011 QCCQ 19525, 2011 QCCQ 19525

Protection de la jeunesse — 118593 2011 QCCQ 19525 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004098-110 DATE: December 20, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […] DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents of the child JC0B11 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection requests that the Court declare compromised the security and the development of the child X, born on […]. [ 2 ] The Petitioner alleges that the situation of the child is in danger in reason of serious behavioural disturbances for which the

parents are unable or have failed to take the necessary steps to counter.

Namely, the Petitioner details that the child exhibits inappropriate sexual behaviours, runs away from home and consumes drugs. [ 3 ] As well as other measures of aid and assistance, the Petitioner recommends that the child be entrusted to a rehabilitation center for a period of 4 months, with aid, counsel and assistance being offered to the parents and the child for a period of 9 months. [ 4 ] The Petitioner produces the reports on the analysis of the child's social situation as evidence (pièces D-3 et D-4), in lieu of testimony and this, by consent. [ 5 ] The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 6 ] The Director proceeds to the evaluation of the child's situation in November 2011.

Although X is described as a brilliant adolescent, numerous behavioural disturbances are rapidly apparent. [ 7 ] Following the parents' separation in 2005, the child lived primarily with her mother, with visitation to her father on a regular basis. The parents have a conflictual relationship. [ 8 ] The relationship between X and her father's new spouse is difficult. X considers that she is unappreciated and unwanted at her father's home, and the situation becomes increasingly conflictual.

In May 2011, after an incident when X insults and threatens him and his spouse, the father determines that he can no longer receive his daughter in his home and suspends all regular contact with her. [ 9 ] The relationship between X and her mother is inconsistent. Structure and consistency having been chronically lacking in the home, and the mother is now unable to exercise any discipline over her daughter, who refuses to respect the establishment of rules. [ 10 ] The parents have sought services in the last years (Center A psychiatrist, parental counselling) to help with the situation.

The mother's inability to mobilise herself and X's resistance to any forms of aid, have impeded any significant benefits resulting from the services offered. [ 11 ] X smokes marijuana on a regular basis, as much as 2g a day, following her admission. In November 2011, she is suspended from school for five days for marijuana use at school. The mother is aware of her daughter's drug use. [ 12 ] X creates a website where she posts photos of herself topless and doing drugs. She also posts sexually suggestive comments and discusses drug consumption.

Her mother is aware of the website, but takes no steps to force her daughter to take it down. When her school is made aware of the website through other students, the adolescent is suspended from school for five days. X shuts down the site. [ 13 ] X receives little supervision or monitoring in the maternal home, particularly as to her internet activities and comings and goings. She frequently returns late without notice and spends most of her evenings and weekends at a local park. [ 14 ] X has responded well to the reception center setting, where she has been placed on a provisional basis since November 16, 2011.

No behavioural issues are noted. The contacts with her father have resumed and have been positive. [ 15 ] The period of placement suggested is appropriate. The recent changes in X's behaviour must stand the test of time and not be the result of her conforming simply to facilitate a return home.

To guaranty the enduring success of a return home, she must recognize and accept that she will be confronted with rules and authority throughout her lifetime and must work to develop a positive and socially acceptable identity. [ 16 ] The Court determines that the security and the development of the child are compromised in reason of serious behavioural disturbances.

The Court further determines that measures proposed in are appropriate and in the best interests of the child. [ 17 ] For those reasons, the Court: [ 18 ] GRANTS the present motion; [ 19 ] DECLARES that the security and development of the child X are in danger; [ 20 ] ORDERS that the child be placed in a reception center for a period of four (4) months; [ 21 ] TAKES ACT that the child will be placed in a group home setting ; [ 22 ] ORDERS that the child and her parents undertake an active

part in the application of the measures designed to put an end to the situation; [ 23 ] RECOMMENDS that the mother benefit from a personal follow-up as to her parenting skills; [ 24 ] ORDERS that the contacts between the child and her parents be determined following mutual agreement between the parties; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her parents for a period of nine (9) months; [ 26 ] ENTRUSTS the situation of the child to the youth protection director of Le Centre jeunesse A for the execution of the measures;

__________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Caterine Caron Procureure de la directrice Me Karine P. Poissant Procureur de l’enfant Date of hearing: December 20, 2011