2012 QCCQ 18234, 2012 QCCQ 18234

Protection de la jeunesse — 127614 2012 QCCQ 18234 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 505-41-007008-123 DATE: September 17, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1998 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents

______________________________________________________________________ JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a adolescent or the adolescent's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for protection concerning the adolescent X, born on [...],1998. [ 2 ] The Director alleges that the security and the development of the adolescent are in danger in reason of a situation of serious behavioural difficulties, namely defiance of parental authority, refusal to respect house rules, drug consumption and high risk behaviours. [ 3 ] The Court proceeds in the absence of the father, who has little involvement in his daughter's life.

The worker testifies that the father wishes that his daughter remain with her mother. The parties consign their admissions in the Court record.

The mother and adolescent contest the measure of placement, both submitting that the provisional placement affords changes justifying a return in the home environment. [ 4 ] ANALYSIS AND DECISION [ 5 ] The adolescent resides with her mother. [ 6 ] The adolescent presents serious behavioural disturbances in her family environment, namely: • Defies parental authority; • Consumes alcohol, cigarettes and drugs; • Refuses to advise of her whereabouts; • Fails to return home at night; • Exhibits high-risk behaviours; • Demonstrates aggressive behaviours in her school environment, justifying two suspensions; [ 7 ] The structure in the home is deficient and the mother admits to being concurrently overwhelmed by her daughter's behaviours.

Her structuring strategies are inconsistent and ineffective. She remains unaware of the identity of her daughter's friends, has never met her boyfriend and ignores the extent of her drug or alcohol consumption. [ 8 ] The parties agree to implement voluntary measures on June 27 th 2012, maintaining the adolescent at home with the establishment of house rules. [ 9 ] The intervention fails to accomplish its goal of stabilizing the family dynamic. On July 8 th , the adolescent stays out past the allowed curfew and is found intoxicated, and this, in direct contravention with the rules of conduct agreed upon.

The mother is unaware of her daughter's whereabouts during the evening and minimizes her conduct. [ 10 ] The Director proceeds before the Court and a provisional order is rendered, entrusting the adolescent to a reception center. [ 11 ] On August 2 nd , the adolescent tests positive for marijuana and cocaine after a return to the group home following a day trip.

The adolescent indicates that she unknowingly smoked a joint laced with cocaine. [ 12 ] The caseworker endeavours to engage the adolescent and her mother in the application of the measures but progress remains elusive, as it is difficult to agree on the issues requiring resolution. [ 13 ] The mother neither fully grasps the extent of her daughter's difficulties nor assumes her responsibility within its context.

Her consistent resistance to discuss the family's issues and participate in the intervention compound to create an additional challenge in the determination of means to stabilize the home environment, and this, in view of the eventual reintegration of X. [ 14 ] The adolescent admits to using drugs and alcohol for the last three years and to sneaking out of the house at night without her mother's knowledge.

She initially recognizes her drug and alcohol use as problematic, but at a recent assessment she indicates not having a ''big'' problem, provoking her refusal to an addiction program. [ 15 ] The adolescent affirms that her period of provisional placement permits her to realize the error of her ways. She agrees to undertake a drug program and integrate the Kahnawake Survival School. She states being ready to comply with any rules set forth to ensure the success of her return home. The mother indicates having seen a substantial change in her daughter's behaviours.

[ 16 ] Although the Court is convinced of the sincerity of their proposal, the fact remains that the adolescent demonstrates being easily influenced and fragile to temptation. The application of measures at home, and even in the structured environment of the reception center, doesn't fully restrain her behavioural difficulties. [ 17 ] The evidence demonstrates little effective progress as to the issues justifying the adolescent's initial placement, namely structure in the home, parenting strategies, defiant behaviours, as well as the alcohol and drug consumption.

The Court considers that both the mother and daughter must significantly progress in their specific issues, in order to ensure the success of a reintegration. [ 18 ] The Court concludes that the security and the development of the adolescent are in danger in reason of a situation of serious behavioural difficulties.

The measures proposed by the Director of Youth Protection are not only appropriate, but necessary in the best interests of the adolescent. [ 19 ] FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and development of the adolescent are in danger; [ 22 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by Le Centre jeunesse A for a period of four months; [ 23 ] TAKES ACT of the intention of the parties to proceed to a progressive reintegration, should the situation permit so; [ 24 ] ORDERS that all contacts between the adolescent, her parents and the extended family be upon agreement between the parties; [ 25 ] ORDERS that the adolescent and her parents report periodically to the Director of Youth Protection on the measures they apply in their own regard to put an end to the situation in which the security and the development of the adolescent are in danger; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance tot the adolescent and her family for a period of one year; [ 27 ] ORDERS that the adolescent receive certain healthcare and health services, namely a psycho-educational assessment and a comprehensive addiction assessment; [ 28 ] TAKES ACT that the adolescent agrees to follow all the recommendations; [ 29 ] RECOMMENDS that the mother follow recommendations from a parenting worker; [ 30 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution for the present judgment. __________________________________ BEATRICE CLEMENT, J.C.Q.

Stéphanie Chayer Testa Articling student for the Petitioner Me Kathleen O'Meara Attorney for the mother Me Lyne Morin Attorney for the adolescent Date of hearing: September 17, 2012