r v. A, 2016 QCCQ 12661

Protection de la jeunesse — 165525 2016 QCCQ 12661 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005049-161 DATE: July 6, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner 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 ] Context [ 2 ] On March 14, 2016, the Court renders a decision declaring the security and the development of the adolescent X, in danger in reason of educational neglect and serious behavioural disturbance.

Within the application of various measures of aid and counsel for one year, the Court entrusts her to a rehabilitation center for three months. [ 3 ] The Director of Youth Protection presents a motion for the revision of this order alleging that it is premature to proceed to the reintegration of the adolescent in her family environment as she still requires rehabilitation services.

Therefore, the Director puts forth a plan for this reintegration as of the end of the summer period, while maintaining protective measures in place for one year. [ 4 ] The adolescent and her mother are present at the hearing and consign their agreement to the orientation proposed by the Director. The mother further stipulates that the father, although absent, shares her position. [ 5 ] Analysis and decision [ 6 ] Since the last judgment, X remains in a rehabilitation center. [ 7 ] Problematic behaviours are still present.

X can still have recourse to physical and verbal violence when confronted with authority or a refusal. Drug consumption also remains an issue, the adolescent admitting she can use drugs when the opportunity presents itself (visits home, in the community). [ 8 ] X has regular visits home. The family dynamic remains fragile. [ 9 ] Both parents remain collaboration and involved.

They present a united position in recognizing the need to work towards a more positive family communication and consistency in their approach towards their daughter. [ 10 ] The parties agree to put in place services for the adolescent, namely a psychological follow-up and meetings with Virage in regards to drug consumption. As of now, the whole is pending. [ 11 ] X has not been in school in 2016 and failed her year. In September, X is to reintegrate a new school. [ 12 ] X requires guidance, structure and monitoring. Still attracted by negative influences, she presents high-risk behaviours which are ongoing.

Her placement in a rehabilitation center partially curbs her behavioural difficulties, but the sources of such remain, which

adds precariousness to situation and therefore, her reintegration home. [ 13 ] The summer period serves to put in place the services discussed, ensure X’s involvement in such, and verify that she can function adequately in her home environment within an extension of the contacts. [ 14 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion [ 17 ] DECLARES that the security and the development of the adolescent are still in danger; [ 18 ] ORDERS that the adolescent be maintained in a rehabilitation centre until August 30, 2016, while allowing a progressive reinsertion in her parental milieu, following the calendar establish between the parties; [ 19 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 21 ] TAKES ACT of the adolescent agreement to participate in a follow-up with Virage; [ 22 ] TAKES ACT that the adolescent agrees to participate in an evaluation with Santé mentale jeunesse and to follow their recommendations if such is the case; [ 23 ] ALL THESE MEASURES for a period of one year; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Marie-Ève Garceau Attorney for the petitioner Me Michel Robert Attorney for the adolescent Date of hearing: July 6, 2016