2011 QCCQ 17412, 2011 QCCQ 17412

Protection de la jeunesse — 116700 2011 QCCQ 17412 CANADA PROVINCE OF QUEBEC District of [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N°: 525-41-025238-114 DATE: November 22, 2011 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […] , 1996 - and - A - and - B 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 November 22, 2011, 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, as the adolescent presents serious behavioural difficulties. [ 3 ] The principal facts alleged in support of the motion are the following: • The family is known to the Director of Youth Protection for having accepted, as of March and December 2010, two reports in relation to behavioural disturbances of the adolescent.

These reports were eventually dismissed on April 7, 2010, and February 2011 respectively, the family having been referred to the community for appropriate resources; • The adolescent has serious behavioural disturbances and objects to steps taken by the parents to put an end to the situation, more particularly in that: . the adolescent lives with the father since December 2009 despite the Superior Court judgement, family division granting custody to the mother; . the adolescent is disrespectful of the father’s parental authority; . the adolescent is physically and verbally aggressive towards the father;

. the adolescent erases messages and screens the youth protection delegate’s calls to the home; . the adolescent associates with peers who are involved in delinquent activities; . on September 22, 2011, the adolescent and father had an argument during which she pushed the wheelchair he was seated in and threw things around the house; . on September 27, 2011, the adolescent had an argument with the father and his caregiver during which she hit the father in the thorax; . the police were called but the father refused to press charges. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of six months with reintegration home after two months if the situation allows.

Furthermore, that a social follow-up be provided to the family for a period of one year. [ 5 ] The parents admit the majority of the facts alleged in the motion and agree to the recommended measures. [ 6 ] The mother testifies that the adolescent has cut herself on the legs and therefore considers that she needs a therapeutic follow-up. The mother is somewhat ambivalent and wonders if it is in her daughter’s best interest to be maintained in a rehabilitation centre or if she could receive therapeutic services while being in her care.

The mother states that the adolescent has been living with her father since December 2009, but now wants to live with her. She considers that the adolescent decided to go and live with her father because there were not has many rules to follow at her father's home. The mother says that the adolescent is argumentative when she wants to set rules. [ 7 ] The father testifies that the adolescent does not respect his authority. He considers that the adolescent needs a structured environment.

He states that the adolescent did have rules to follow when she was living with him. [ 8 ] The adolescent testifies that she wishes to be entrusted to her mother’s care. She says that she is ready to follow an anger management program and participate in therapeutic counselling and respect any other conditions the Court could impose in order not to stay at the group home.

She says her marks are good at school and that she wants to become an English teacher at the high school level. [ 9 ] The Court also heard the testimony of [social worker a], youth delegate, and read the report that the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent's behavioural difficulties are a long standing and that the adolescent does not respect her parents’ authority. She does not respect her curfew and goes to bars with friends although she is under aged.

She has also been suspended several times from school. [ 10 ] The youth worker's assessment of the situation is a good

summary of the family dynamics. [ 11 ] The conclusion of the evaluation made by the youth worker is an accurate

summary of the family situation: The evaluation has concluded that although X does not feel that she has a problem, it is evident that she is presenting serious behavioural concerns. These concerns are chronic and have been occurring for the past two years. X is physically abusive towards her father, steals from him, does not obey his house rules and is out of control. X does what she wants when she wants, both in and outside the home, potentially placing herself at risk. Moreover, given his physical limitations, Mr. B is incapable of providing X with adequate supervision, and both he and Ms.

A have expressed being overwhelmed and incapable of putting an end to X’s escalating behaviour without support. Although the parents have tried to access support services in the past, these attempts have failed as X refused to cooperate with them. [ 12 ] On the one hand, the adolescent must learn to respect authority and make the right choices and on the other hand, the parents must receive support in order to provide a structured environment for their daughter.

Furthermore, the family has gone through many difficulties over the last years and family counselling could help them address certain of these issues. [ 13 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre for a period of six months, with gradual reintegration to either of her parents’ care after two months, if the situation allows. A set of house rules must be drawn up to ensure that the same rules are followed whether the adolescent is at her mother's or her father’s.

The family members must collaborate with DYP in order for the situation to improve and for X to take responsibility for her actions. [ 14 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES compromised the security and development of the adolescent, X; [ 18 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre for a period of six months with reintegration back to either of her parents after two months, if the situation allows; [ 19 ] ORDERS that a set of house rules be drawn up, after discussion with the parents and the adolescent, and signed by the youth worker, the parents and the adolescent, rules to be applied at the father’s home and at the mother’s home; [ 20 ] ORDERS that the adolescent receive all health care services required by her situation, more particularly therapeutic counselling and anger management therapy; [ 21 ] TAKES JUDICIAL NOTICE that the adolescent agrees to participate in therapeutic counselling and anger management therapy;

[ 22 ] ORDERS that the frequency of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 23 ] ORDERS that the parents and the adolescent collaborate with the Director of Youth Protection and participate in therapeutic activities and intervention with the adolescent; [ 24 ] RECOMMENDS that the family be assessed for the Family Preservation Program or that the parents participate in the Family Ties Program or a support group; [ 25 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of one year; [ 26 ] 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; [ 27 ] ORDERS the execution of the present order by any peace officer.

Signed November 24, 2011 Ann-Marie Jones, J.C.Q. AMJ/dg Me Isabelle Loranger (Counsel for the D.Y.P.) Me Dominique Trahan (Counsel for the adolescent) Date of hearing: November 22, 2011