2012 QCCQ 15541, 2012 QCCQ 15541

Protection de la jeunesse — 12936 2012 QCCQ 15541 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-025577-123 DATE: March 21, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on [...], 1995 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 38 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of March 21, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the adolescent declared compromised under

section 38, paragraph f) of the Youth Protection Act . [ 3 ] The principal facts alleged in support of the motion are the following: • On June 14, 2011, the mother and the adolescent signed voluntary measures for the placement of the adolescent in a rehabilitation centre until January 12, 2012; • Between June 14, 2011, and January 12, 2012, the adolescent stayed in different units of rehabilitation centre but ran away on many occasions; • On January 12, 2012, the mother and the adolescent signed new set of voluntary measures where they agreed for the placement of the adolescent in a rehabilitation centre until July 12, 2012, with the possibility of returning to her mother’s home if the situation allowed; • On January 28, 2012, the adolescent ran away again from her mother’s home; • On February 18, 2012, during a routine police check, the adolescent was located in a strip club in Town A where she was dancing; • On February 18, 2012, the adolescent lied to the police about her age and identity; • On the same date, immediate protective measures were invoked and the adolescent was placed; • The adolescent presents serious behavioural disturbances, more particularly but not restrictively in that: . the adolescent was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) and Oppositional Defiant Disorder (ODD);

. there are reasons to believe that the adolescent does not take her medication on a regular basis; . the adolescent does not attend school on a regular basis; . the adolescent whereabouts are unknown to the mother when she stays at her mother’s house; . the adolescent does not respect her mother’s parental authority; . the adolescent puts herself at risk; • The mother is overwhelmed with the situation and is asking that, at this point, the adolescent be placed in a rehabilitation centre. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of twelve months, with reintegration to her mother’s care after six months if the situation allows. [ 5 ] The mother admits the facts alleged in the motion and agrees with the recommended measures.

The mother testifies that she is willing to participate in a parental capacity assessment. She has not met with the psychologist, Dr. Cloutier, so that X’s psychological evaluation could be explained to her. The mother says that certain tests must be completed before X can see a psychiatrist at the A Children’s Hospital. [ 6 ] The adolescent admits the majority of the facts alleged in the motion and agrees with the recommended measures. The adolescent does well academically, but was struggling this year because of her absences. [ 7 ] The psychological evaluation of the adolescent was done by Dr.

Catherine Cloutier, psychologist. The psychologist notes that the affect of the adolescent is mostly depressed with some anxiety. Self-concept is negative and guilt is expressed. Furthermore, the adolescent has not benefited from interventions and therapies in the past. The adolescent uses denial and minimization regarding her arrests and behaviour problems. [ 8 ] The psychologist concludes that the adolescent suffers of major depression and conduct disorder. Now that the adolescent is placed, the acting out has stopped, and depressive affects resurface.

The psychologist recommends a child psychiatric reassessment of the adolescent to see if anti depression medication could help. Also, that the adolescent receive treatment for her marijuana dependency and that she engage in physical activity to relieve depression and augment concentration. [ 9 ] The Court also read the Court Report, dated March 15, 2012, that the Director of Youth Protection filed of proof of the adolescent’s situation. The evidence reveals that the adolescent's behaviour was out of control, as she was arrested on charges of shoplifting and assault and was dancing in strip clubs.

However, the adolescent does recognize that she made poor choices and she projects herself positively in the future and wants to continue her studies to become a lawyer. The mother collaborates with DYP and agrees to undergo a parental capacity evaluation and to follow the recommendations. [ 10 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre for a period of twelve months, with reintegration to her mother’s care after six months, if the situation allows.

The adolescent must learn to respect authority and follow the rules at home and at school. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES compromised the security and development of the adolescent, X; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of twelve months with the possibility of reintegration home after six months if the situation allows; [ 16 ] RECOMMENDS that the recommendations of the psychological evaluation be followed; [ 17 ] ORDERS the psychiatric reassessment of the adolescent and TAKES JUDICIAL NOTICE that the mother is taking steps for certain of the tests to be completed; [ 18 ] RECOMMENDS strongly that the adolescent submit to random drug testing; [ 19 ] RECOMMENDS strongly that the adolescent engage in a physical activity of her choice; [ 20 ] ORDERS that the mother participate in a parental capacity assessment and TAKES JUDICIAL NOTICE of the mother's consent to do so and RECOMMENDS that the mother follow the recommendations; [ 21 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 22 ] ORDERS that aid, counsel and assistance be provided to the family for a period of one year; [ 23 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out;

[ 24 ] ORDERS the execution of the present order by any peace officer. Signed on March 23, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Patricia O’Connor Counsel for the Director of Youth Protection Me Luce James Counsel for the adolescent Date of hearing: March 21, 2012