2017 QCCQ 5809, 2017 QCCQ 5809

Protection de la jeunesse — 172532 2017 QCCQ 5809 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-032073-173 DATE: February 15, 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION X Born on [...], 1999 adolescent and A mother JUDGMENT Art. 38 Y.P.A. 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 ] This judgment is the written version of a decision pronounced on February 15, 2017. [ 2 ] The Director of Youth Protection (Director) is requesting that the security or development of X (17 years old), be declared in danger because of her serious behavioural disturbances. [ 3 ] To correct the situation, the Director recommends that X be entrusted to a rehabilitation center for a maximum period of 3 months with reintegration to her mother’s care during this time if the situation allows.

A social follow up is also asked with other measures until [...], 2017. [ 4 ] The mother and the adolescent are present and assisted by their attorney. [ 5 ] The mother and the adolescent mostly admit the allegations of the motion. [ 6 ] They are in agreement with the filling of the reports submitted by the Director. [ 7 ] They have some comments about the involvement of the Director and the reports filled as evidence. The mother wants to testify. Essentially she is not satisfied about the social services that she received from the Director.

CONTEXT [ 8 ] The mother and the adolescent signed an agreement on voluntary measures on August 22, 2016 for a duration of 9 months. Said agreement provided a social follow up and other measures. [ 9 ] The adolescent has serious behavioural disturbances. She is unpredictable and lacks impulse control. She was expelled from her school given her angry outburst on October 2016. [ 10 ] The adolescent and her mother have a very conflictual relationship. [ 11 ] The mother expressed on numerous occasions feeling overwhelmed with the adolescent.

On numerous occasions she called 911 to intervene. [ 12 ] The adolescent and her mother need to improve their relationship. The adolescent must be able to regulate her emotions to function with her mother, her sibling, at school or at work. The mother has to work on her parental authority towards the adolescent. [ 13 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 14 ] DECLARES that the security and development of X are comprised under

Section 38

f) of the Youth Protection Act; [ 15 ] AS FOR THE MEASURES : [ 16 ] ORDERS that X be entrusted to a rehabilitation centre for a maximum period of three (3) months with a reintegration to her mother’s care during this time if the situation allows; [ 17 ] ORDERS that the frequency and modality of contacts between X, her mother and her siblings be determined by the Director of Youth Protection; [ 18 ] Strongly RECOMMENDS that X continue to engage in counselling services;

[ 19 ] ORDERS the family to work with an educator for as long as deemed necessary; [ 20 ] ORDERS that X and Ms.

A participate in a Family Ties program, taking note of their agreement to do so; [ 21 ] RECOMMENDS that X follow through with the recommendations from her psychological assessment; [ 22 ] Strongly RECOMMENDS that X complete a psychiatric assessment; [ 23 ] AUTHORIZES the Director of Youth Protection to share and obtain information with the treating professionals; [ 24 ] ORDERS that aid, counsel and assistance be provided to the family until X’s age of majority, on [...], 2017. [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q.

Me Heidi LECHTER Attorney of the Director of Youth Protection (

A) Me Adriana CHAFOYA-HUNTER Adolescent’s attorney Me Richard BRUNET Mother’s attorney Date of hearing: February, 15 th , 2017