2013 QCCQ 10155, 2013 QCCQ 10155

Protection de la jeunesse — 132920 2013 QCCQ 10155 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF […] Youth Division DATE: May 15, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: N°: 635-41-000502-135 X , born on […], 1997 ______________________________________________________________________ A AND B Parents and [SOCIAL WORKER 1] Petitioner ______________________________________________________________________ JUDGMENT (Section 38 Y.P.A.) ______________________________________________________________________ [ 1 ] The director presents a motion requesting the placement of the youth X, 15 years old, in a rehabilitation centre for three months.

ISSUES RAISED [ 2 ] The parents and the youth contest the motion: they ask that the youth return with her family.

THE FACTS [ 3 ] The youth displays behavioural problems, including alcohol and drug abuse, runaways and suicidal intentions. [ 4 ] The youth displays an aggressive behaviour when she is intoxicated. [ 5 ] On January 29, 2013, the youth entered into a program addressing substance abuse issues at A Centre Treatment Centre in A City. [ 6 ] On February 9, 2013, the youth ran away from the Treatment Centre with another youth. [ 7 ] On the same day, the police had to intervene with the youth, as she did not have money to pay a taxi driver.

She was in possession of alcohol. [ 8 ] The youth was placed under immediate protection measures in a Rehabilitation Centre. [ 9 ] On February 11, 2013, she was authorized to come back to the Treatment Centre. [ 10 ] However, because of her behaviour, she was once more expelled from the Treatment Centre on February 15, 2013. ANALYSIS [ 11 ] The youth says that she is homesick and that she wants to reintegrate her family. She promises to respect all the rules.

Her family wishes to have her back. [ 12 ] A judge will not render a decision that will please anyone, but the judge has to decide in the best interest of the youth, even if the youth and the parents disagree. [ 13 ] The present case involves a serious endangerment of a teenager of 15, that has been going on since at least December 2011, more than one year ago. It is time to take action in order to protect her. [ 14 ] It has not been possible for the parents to manage the youth’s behaviour. Consequently, the Director had no other choice but to consider some measures other than keeping the youth with her parents.

[ 15 ] The choice was to send the youth for a treatment at A Centre, for a period of six (6) months, as also prescribed by a psychiatrist doctor. The family and the youth agreed to it. [ 16 ] After not even two weeks, the youth ran away from the Treatment Centre; a second chance proved also to be unsuccessful, after 4 days.

The youth did not complete the treatment. [ 17 ] She was then placed in a rehabilitation centre in A City, where she has been living for one month, before coming to the Court hearing, on March 19. [ 18 ] She then requested to reintegrate her family, and this was also her parents’ wish. [ 19 ] The Court cannot put aside all what was lived by the youth since December 2011.

X’s serious behavioural disturbance puts at risk the youth’s security and development. [ 20 ] The family offers to collaborate fully with the Director, if the youth reintegrates the family. [ 21 ] However, due to the unsuccessful attempts made in a structured environment, I cannot send the youth directly back to her family. [ 22 ] The Court will decide for a placement in a rehabilitation centre, not in A City, but in A Village, at the Group Home, followed by a gradual reintegration in the family, if the situation allows. [ 23 ] The Court makes a final recommendation to the parents.

Please collaborate with the employees of the Director, even when they recommend something that the parents disagree with, at first sight. [ 24 ] The DYP workers are hired by the Director of youth protection to help your child as well as all other children that need their support. All of us wish an end to the situation of endangerment concerning the youth.

At last, the youth has to get herself involved in a real commitment to the measures ordered. [ 25 ] FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the motion. [ 27 ] DECLARES that the security and development of X, born on […], 1997, are in danger. [ 28 ] ORDERS the placement of the youth in a rehabilitation centre for a period of three (3) months. [ 29 ] RECOMMMENDS that the rehabilitation centre be A Centre of A Village. [ 30 ] ORDERS that the youth reintegrate gradually her familial living environment at the term of the placement, if the situation allows. [ 31 ] ORDERS that the youth gets herself involved in a follow-up addressing her personal issues, notably her substance abuse problem. [ 32 ] ORDERS that the parents collaborate with the social follow-up in order to work on their parenting skills and in order to learn on how to put an adequate structure and some rules for the youth. [ 33 ] ORDERS that the youth and the parents take an active

part in the measures ordered. [ 34 ] ORDERS that a person working for an institution provide aid, counselling and assistance to the parents and to the youth for a period of six (6) months. [ 35 ] AUTHORIZES that the professionals providing services to the youth and to her parents, and the Director, share information on the frequency, the involvement and the evolution of their respective clients. [ 36 ] ORDERS that the police collaborate in the execution of this judgment. [ 37 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing the present judgment. [ 38 ] DECLARES that the measures will apply for a period of six (6) months. __________________________________ CLAUDE BIGUÉ J.C.Q.

Mtre Robert-André Adam For the petitioner Mtre Myriam Gaudreault For de child Mtre Marie-Claude De Gagné

For the parents Date of hearing: March 19, 2013