2018 QCCQ 11316, 2018 QCCQ 11316

Protection de la jeunesse — 181615 2018 QCCQ 11316 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] Youth Division N° : 525-41-031201-163 DATE : February 7, 2018 PRESIDING JUDGE : THE HONOURABLE MARTINE NOLIN, J.C.Q. ______________________________________________________________________ In the matter of : X Born on [...], 2000 A B The parents, ______________________________________________________________________ JUDGMENT

Section 95 YPA ______________________________________________________________________ WARNING : The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [Y.P.A. sections 11.2.1 and 135] [ 1 ] X is a seventeen years old adolescent. [ 2 ] On July 25, 2017, the Court declared that the security or development of X is still in danger. [ 3 ] After a provisional compulsory foster care in a rehabilitation centre, the Court ordered that she be entrusted back to her mother, that she benefit from an art therapy, that rules and consequences for breach of those rules be set out in writing and that aid, counsel and assistance be provided for her and her family until the age of majority. [ 4 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security or development of X is still in danger and to revise the previous decision.

The applicant is recommending the adolescent’s placement in a rehabilitation centre until her age of majority. [ 5 ] Both represented by their respective lawyer, the mother and her daughter recognize the situation as stated in the reports filed by the Director and they both agree with the recommended measures. CONTEXT AND ANALYSIS [ 6 ] X ran away as of the 28 of July 2017, three days after she was entrusted back to her mother. [ 7 ] Arrested by the police for assault on October 3, and then entrusted in a reception centre, she ran away again on the 13 of October.

She was missing until she was intercepted on December 13 when the police arrested her for robbery. [ 8 ] During her time away from her mother’s place or from the reception centre, she spent time with pears who are drug users and are involved in activities tending to draw the attention of the police force. [ 9 ] It’s important to mention that during her absence she said she missed her mother and she texted her through Facebook.

For reasons she is not able to express, and that her mother does not understand, X does not respect her mother’s authority. [ 10 ] A plan for independent living was drawn up with a worker from the A Program for older adolescents. X is still on a waiting list to benefit from art therapy that would be accessible beyond the age of majority.

[ 11 ] X has four months left to benefit from the Director of Youth Protection’s help and assistance. [ 12 ] She can also count on her mother’s support if she sets her mind and actions on a positive journey. [ 13 ] There are no other option to ensure this adolescent’s security; maintaining her in a structured environment will hopefully allow her to identify positive goals to achieve before her majority. [ 14 ] FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the application; [ 16 ] REVISES the decision rendered on July 25, 2017 ; [ 17 ] DECLARES that the security or development of X is still in danger; [ 18 ] ORDERS that X be placed in a rehabilitation centre until her age of majority; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined upon agreement between the parties; [ 20 ] ORDERS that the frequency and modality of contacts between the adolescent and her father be determined upon agreement between the parties and following a meeting between the father and the Director of Youth Protection; [ 21 ] TAKES JUDICIAL NOTICE of X’s motivation to participate in art therapy and ORDERS that she receive this service as soon as possible; [ 22 ] STRONGLY RECOMMENDS that the adolescent attend school on a daily basis; [ 23 ] STRONGLY RECOMMENDS that the adolescent work with the A Worker; [ 24 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals; [ 25 ] ORDERS aid, counsel and assistance to the adolescent and her family until the age of majority; [ 26 ] ENTRUSTS , for the execution of the present order, the situation of the adolescent X to the Director of Youth Protection of the Centre A; [ 27 ] ORDERS the execution by any peace officer.

Signed on March 27, 2018 __________________________________ Martine Nolin, J.C.Q. MN/ld Me Marie-Josée Paiement , lawyer of the Director of Youth Protection Me Christian Benoit , lawyer of the adolescent Me Jean-Hervé Thomas , lawyer of the mother