2018 QCCQ 19958, 2018 QCCQ 19958

Protection de la jeunesse — 1811226 2018 QCCQ 19958 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005373-173 DATE: September 24, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 applies various protective measures since August 2016 in relation to X’s (hereinafter adolescent ) behavioural challenges. [ 2 ] On September 18, 2017, the Court renders an order of protection.

While ordering various measures of aid and protection for one year, the Court entrusts the adolescent to a rehabilitation center until June 30, 2018. [ 3 ] Since this judgment, the adolescent’s behaviours continue to put her security and development in danger and this, despite the services and interventions put in place. [ 4 ] As such, the Director of Youth Protection applies for the extension of measures for nine months, including the pursuit of her placement.

Both the adolescent and her parents subscribe to the evaluation and orientation proposed by the Director. [ 5 ] Analysis and decision [ 6 ] Since the last order, the adolescent remains in a rehabilitation center. She functions positively and is generally able to follow rules and respect the structure. [ 7 ] Her parents continue to cooperate fully with the intervention. They are able to establish clear and rules and consequences for their daughter, receiving the accompaniment of an educator to this effect. [ 8 ] Since November 2017, X participates in psychological services on an individual and group basis.

She is transparent and able to name her difficulties, yet tends to blame others for her behaviours and choices. [ 9 ] Despite these services and strategies, on numerous occasions, X continues to be oppositional and adopt high-risk behaviours (running away, drug and alcohol consumption, auto mutilation, etc.). [ 10 ] X’s visits home are regular, but the family dynamic is oftentimes in relation to her ability to maintain adequate behaviours. X can still resort to manipulation and rebellion to get what she wants.

As to her parents, they work towards maintaining a balanced response to their daughter’s behaviours. [ 11 ] In relation to this, she returns to the unit early on numerous occasions. [ 12 ] Eventually, the parties agree that it is premature that X return home at the end of the school year and her placement is extended

on a provisional basis. [ 13 ] As of this time, X shows some progress in her ability to focus on adopting prosocial behaviours and accept responsibility for her actions and choices.

Her best interests dictate that the measures in place be extended to further the interventions towards putting in place a healthy family dynamic and ensuring that the adolescent accept her parent’s parental authority, while adopting socially acceptable behaviours. [ 14 ] The Court therefore endorses the conclusions sought by the application. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and the development of the adolescent are still in danger; [ 18 ] REVISES and EXTENDS the Court order rendered on September 18, 2017; [ 19 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the Director of youth protection A; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which her security or development is in danger; [ 21 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 23 ] ALL THESE MEASURES for 9 months; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of youth protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne Catherine Bujold Attorney for the Applicant Me Marie-Josée Gingras Attorney for the adolescent Date of hearing: September 24, 2018