2013 QCCQ 18222, 2013 QCCQ 18222

Protection de la jeunesse — 136680 2013 QCCQ 18222 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] Youth Court Division No: 760-41-004264-126 DATE: October 28, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1998 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for extension of a Court decision rendered on August 6, 2012 concerning X, born on […], 1998. [ 2 ] In virtue of this decision, the Court determines that the security and the development of the adolescent are in danger in reason of situation of physical abuse (unreasonable upbringing methods), psychological ill-treatment, as well as a serious risk of physical abuse.

Protective measures are put in place for a period of one year, primarily services of aid, counsel and assistance within the family environment. [ 3 ] Although the Director cites an improvement of the adolescent's behaviours, it remains pertinent to pursue their intervention for a period of 4 months, in view of completing the process of setting adequate and effective services. [ 4 ] The parties consign their positions in the Court file and consent to the recommendations. [ 5 ] ANALYSIS AND DECISION [ 6 ] The adolescent lives with her parents. [ 7 ] She has been previously diagnosed with Attention Deficit Disorder and Obsessive Compulsive Disorder [ 8 ] She continues to be highly reactive and subject to impulsive actions and tantrums.

These behaviours occur in all spheres of her life, namely home, school and social settings. Dealing effectively with their daughter remains a challenge for the parents. They await an accurate reading of the sources of their daughter's behavioural issues, as well as recommendations to improve their response to her needs and the family dynamic. The school authorities also seek the same guidance. [ 9 ] In May 2011, the caseworker addresses a request to [Center A] in order to specify a diagnosis for the adolescent and receive services.

In September 2013, after waiting more than 2 years, the adolescent commences an evaluation process with [Center A] . A next appointment is scheduled in November when she will undergo a complete psychological evaluation, particularly in view of a suspected autistic syndrome. [ 10 ] The parties expect that the commencement of targeted mental health services for the adolescent will permit her parents, as well as the school authorities, to offer a coherent response to her difficulties and therefore, progress towards stabilizing her behaviours.

Seeing that the completion of this process is imminent, the Director submits that only a short period of protective measures is required. [ 11 ] The Court determines that the continued presence of the Director of Youth Protection is appropriate and in the best interests of the adolescent, specifically to shoulder the parents in their efforts to retain services for their daughter. [ 12 ] After considering the evidence, the Court concludes that the security and the development of the adolescent remain in danger.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interests, while concurrently receiving the approval of the parties. [ 13 ] FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the motion for extension of a Court decision; [ 15 ] DECLARES that the security and development of the adolescent are still in danger; [ 16 ] ORDERS that the adolescent remains with her family; [ 17 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered by the Court; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her parents; [ 19 ] ORDERS that the adolescent receive specific health care and health services, namely the continuance of her follow-up with [Center A] ; [ 20 ] THE WHOLE for a period of 4 months; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre jeunesse A for the execution of the present measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Mylène Francoeur Attorney for the petitioner Me Michel Robert Attorney for the adolescent Date of hearing: October 28, 2013