r v. A, 2014 QCCQ 18234

Protection de la jeunesse — 146441 2014 QCCQ 18234 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-003795-104 DATE: August 18, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 1997 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B 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 revision and extension of a Court decision rendered on November 25, 2013, concerning X, born on […], 1997. [ 2 ] In virtue of the previous order, the Court extends various protective measures until June 24, 2014, including the adolescent residing with her paternal grandparents. [ 3 ] The Director petitions the Court to review the adolescent's situation and entrust her to a rehabilitation center until majority. [ 4 ] The Court grants the Director's request to dispense service to the parents, as have little involvement in the adolescent's life since her infancy.

The adolescent consigns her admissions in the Court file, and consents to the Director's recommendations. [ 5 ] Analysis and decision [ 6 ] The adolescent resides with her grandparents until July 2014. She has no contacts with her parents. [ 7 ] Initially, the family situation shows some improvement, until the adolescent's sister moves in with her boyfriend and their newborn. Rapidly, tensions recur.

The adolescent restricts her interactions with the family and voices being overwhelmed. [ 8 ] The grandparents admit that their ages and health problems do not permit them to adequately deal with their granddaughter's needs and behavioural issues. [ 9 ] As of July, the parties mutually agree that the adolescent transfer into a group home. She functions positively in this milieu, which affords her an unencumbered and serene environment, favouring her path towards autonomy. [ 10 ] The adolescent maintains her efforts to stabilize her situation. She continues to attend school and intends to pursue college studies.

She integrates the work force. [ 11 ] Although the adolescent completes a substance abuse program with Organism A, she continues to use marijuana on a regular basis. Notwithstanding, she demonstrates being able to retain focus on her projects. [ 12 ] A psychological follow-up with Organism B will commence shortly. [ 13 ] X is rapidly approaching her majority and requires an environment, which can support her efforts and favour her development.

While the process towards independent living is underway, a reception center offers this environment. [ 14 ] After considering the evidence, the Court determines that the motion is well founded and that the measures sought respect the adolescent's needs and best interests. [ 15 ] Furthermore, considering that the parents are unavailable for the intervention and that the needs of the adolescent will certainly require authorizations from a person detaining authority to this effect, the restriction of parental authority is pertinent.

With the adolescent's consent, the Court entrusts certain parental rights to the Director of Youth Protection. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the adolescent are still in danger; [ 19 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent, Mrs. C and Mr.

D; [ 21 ] WITHDRAWS the exercise of certain rights of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 22 ] THE WHOLE until her majority, December 28, 2015; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Karine P.

Poissant Attorney for the adolescent Date of hearing: August 18, 2014