2011 QCCQ 6219, 2011 QCCQ 6219

Protection de la jeunesse — 111334 2011 QCCQ 6219 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000370-111 DATE: March 2, 2011 ______________________________________________________________________ BY THE HONOURABLE ROBERT LEVESQUE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X Adolescent and A and B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A petition for protection purpose in respect of X (1994 […]) is referred to the Court by the Director of youth protection pursuant to sections 38 and 75 of the Youth Protection Act. [ 2 ] The petition is based on the following assertions and facts :

a) X's family situation is known by the social services, since many years ;

b) X was under legal youth protection measures from April 2005 to October 2007 ;

c) on November 10, 2010, an agreement on voluntary measures was signed to entrusted X to a rehabilitation center for six months ;

d) the father and X recognized the existence of problems such as :

1) the mother is unable to handle her behaviour ; 2) X admitted to using drugs and alcohol ; 3) X does not follow any rules ; 4) the mother's living environment is unstable ;

e) since then the mother had very little contact with social services and Unit A ;

f) on January 9, 2011, X tried to commit suicide by cutting her neck and arms ;

g) X also wrote a letter saying, she was leaving to city A ;

h) X was suspended several times from school since October 11, 2010 for the following reasons, using drug, fighting and denying her responsibility, instigates and provokes negative behaviour in other youth ;

i) when X is confronted or is not getting her way she punch herself, pull her hair out and cut herself ;

j) X is still need to stop acting out and to receive professional assistance on a daily basis ;

k) the parents are not able to take care of X. [ 3 ] At the hearing, the adolescent (assisted by her lawyer) and her father are present. The mother is absent and unrepresented. [ 4 ] The adolescent and her father admits the situation but contest, at first, the placement of X in a rehabilitation center until the end of the year.

Finally, they accept it until August 31, 2011 with a possibility of progressive reintegration with the father during summer time depending of the situation and the progress shown by X. [ 5 ] The Court studied the petitioner's psychosocial report and reports from educator (A organism and A units). [ 6 ] The Court also examined Dr Biard's reports (a psychiatrist) and an agreement on voluntary measures. [ 7 ] The Court heard the testimony of the father, the adolescent and the petitioner. [ 8 ] The evidence reveals that X and her father already recognized the situation of endangerment when signing an agreement on voluntary measures on November 10, 2010 in which they accepted that X be entrusted to a rehabilitation center until May 10, 2011. [ 9 ] Her situation deteriorated since. [ 10 ] X is actually experiencing the consequences of a very difficult family life.

She is suffering and she reacts by exhibiting behavioural disturbances including self-infliction of injuries. She tends to run away.

[ 11 ] Her mental health is affected and Dr Biard's report is self-explanatory. [ 12 ] X shall put her confidence in medical resources and abide by their prescriptions and recommendations. [ 13 ] If she genuinely accepts the evaluations and follow-ups suggested by the Director of youth protection including psychotherapy and medication, if need be, and if she modifies her attitude and behaviour, she increases a lot her chance to return home. [ 14 ] Considering the reports and the position of the parties, the Court grants the petition according to the recommendations of the Director of youth protection until August 31, 2011.

WHEREFORE, THE COURT : [ 15 ] DECLARES that the security and the development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 16 ] ORDERS that X be entrusted to a rehabilitation center designated by the Director of youth protection ; [ 17 ] ORDERS that X actively participates in psychological/ psychiatric assessment and follow-up if deemed necessary to help deal with her personal issues ; [ 18 ] ORDERS that X benefits from outings at her father's if the situation permits it ; [ 19 ] ORDERS that X actively participates in an addiction assessment, and follow-up if deemed necessary ; [ 20 ] ORDERS that X attends school regularly and respects all the rules of proper conduct ; [ 21 ] ORDERS that the mother participates actively in an addictions assessment, treatment and follow-up if deemed necessary ; [ 22 ] ORDERS that the parents actively participate to the application of measures intended to put an end to the situation of endangerment ; [ 23 ] ORDERS that a person working for an organism or an establishment provides aid, counsel and assistance to X and her family ; [ 24 ] ENTRUSTS the situation of X to the Director of youth protection of the Centre Jeunesse A until August 31, 2011, for the carrying out of the present measures. __________________________________ ROBERT LEVESQUE, J.C.Q.

Me Lynn-Ann Smith, for the petitioner Me Daniel Mill,

for the adolescent Mr B, the father Mrs B, the mother (absent)