2019 QCCQ 12795, 2019 QCCQ 12795

Protection de la jeunesse — 193013 2019 QCCQ 12795 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-009214-182 DATE : March 25, 2019 ______________________________________________________________________ BY THE HONOURABLE JUDGE FRANCINE GENDRON ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2003 Adolescent -and- A , Mother -and- B , Father ______________________________________________________________________ JUDGEMENT Section 95 (2) & (3) of the Youth Protection Act ______________________________________________________________________ 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 ] The Director of Youth Protection (the Director) is asking the Court to extend the decision rendered on October 11 th , 2018. [ 2 ] On this date, the Court declared that the security and development of the adolescent were in danger for serious behavioural disturbances and ordered that she be entrusted to an institution operating a rehabilitation center for six months. [ 3 ] X repeatedly verbalised suicidal thoughts and the parents felt that they couldn’t ensure her safety. [ 4 ] Today, the Director recommends to entrust the adolescent to her parents with social support for six months. [ 5 ] The parents and the adolescent agree with the measures proposed by the Director.

They signed an « Entente de non-présence des parties au Tribunal pour les causes de voies accélérées ». EVOLUTION OF THE SITUATION

[ 6 ] Since the placement in a rehabilitation center, X has significantly decreased her behavioral disturbances regarding opposition, verbal and physical aggressiveness, unstable state of mind and suicidal thoughts. [ 7 ] She is more appeased and abides by the rules and life routine at the rehabilitation center. [ 8 ] The adolescent is able to recognize that the placement allowed her to take a step back with respect to what she lives and thus, to better understand her reactions and needs. [ 9 ] X collaborates to the different services put in place and accepts more easily the help when is offered to her. [ 10 ] X benefits from her psychological follow-up at A Institute for youth with borderline personalities as she can better identify and understand her own emotions. [ 11 ] Concerning school, X attends classes within the rehabilitation center.

Nothing particular has been reported on that matter. [ 12 ] Since November 2018, the contacts between the adolescent and her parents have gradually been increased and are now from Thursday until Monday.

During these visits, no event of violence has been reported to the Director. [ 13 ] The parents participate in several workshops offered by [Center A] in order to better understand the needs and interventions required with borderline personality, as they do with the educator to improve their parental capacities. [ 14 ] In short, the parents have modified their intervention methods and are now able to work as a team.

They try to put in place common rules and to communicate more regularly in order to ensure that they are consistent. [ 15 ] The family asks to be supported and accompanied by the Director to ensure that the reinsertion will take place positively. [ 16 ] This demand reflects the capacity of the parents and the adolescent to recognize that they still need help in this important step. [ 17 ] Considering the improvement of the situation, the Court agrees with the parties that X should be entrusted to her parents.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and the development of the adolescent X are still in danger; [ 20 ] EXTENDS the Court order rendered on October 11th, 2018; [ 21 ] ORDERS that X be entrusted to her parents; [ 22 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered, namely to participate in the intervention plan decided between the parties; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the measures; [ 25 ] THE WHOLE , for a duration of six (6) months. Signed on March 27 th , 2019 _________________________________ Francine Gendron , J.C.Q. Mtre. Caterine Caron D.Y.P.’s Lawyer Mtre . Annabelle Faubert Adolescent’s Lawyer Hearing Date : March, 25th, 2019