2016 QCCQ 17892, 2016 QCCQ 17892

Protection de la jeunesse — 168807 2016 QCCQ 17892 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-021045-083 DATE : June 28, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 1999 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on June 28 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seized Court, in May 2015, of a motion for revision and extension of a decision rendered on May 30 th , 2014 by Judge Ann-Marie Jones. As the adolescent was absent without permission from the rehabilitation centre and her whereabouts were unknown for months, it is only in December that the inquiry began.

At first (December 3 rd , 2015), the Director was asking for the adolescent to continue to be fostered in a rehabilitation centre. On March 21 st , 2016, the Director requested that the adolescent be entrusted to her mother on a provisional basis.

At the conclusion of the inquiry on June 28 th , 2016, the Director is asking that the youth be entrusted to the care of her mother and that aid, counsel and assistance be provided until her age of majority. [ 3 ] The mother has admitted all the facts in support of the motion and always wanted her daughter to be entrusted to her care. [ 4 ] The adolescent has admitted essentially all the facts concerning her alleged in the motion. Although she would have preferred to be entrusted to the care of her mother in December 2015, she did accept and comply with the conclusions sought be the Director.

At the conclusion of the inquiry, the youth is in full agreement with the continued involvement of the Director and with her continued entrustment to the care of her mother.

CONTEXT [ 5 ] Although the adolescent's behaviour was stable until the fall of 2014 while she was entrusted to a rehabilitation centre, her situation deteriorated afterwards. [ 6 ] The adolescent did not always respect the curfew or informed staff of her whereabouts. She has been defiant and rude to staff members. On occasions, in the spring of 2015, she ran away from her group home and even initiated a riot with other peers and consequently, was moved from her group home and placed in a more structured unit. [ 7 ] In June 2015, the youth ran away and remained absent for a period of five months.

It is only on November 28 th , 2015 that the youth was picked up by the police and brought back to the Director.

She ran again from the group home and was again picked up by the police, on November 30 th , at her mother's home. [ 8 ] Upon her return, the adolescent told the youth protection worker that she was tired from running and that her goal was really to be reintegrated into her mother's home and to go to school. [ 9 ] Following her provisional stay in a rehabilitation centre for three and a half months (from December 3 rd to March 21 st ), it was observed that the adolescent has been able to follow the rules and the program of the unit, attend school regularly and visit her mother while respecting the conditions imposed on her. [ 10 ] It was observed that the youth had matured and was much more able to manage her anger and her emotions. [ 11 ] During the same period, the mother has shown her ability and willingness to work with the youth protection workers involved (another worker is involved with the siblings of the adolescent).

As both mother and daughter showed their willingness to work with the Director, significant improvements have been made rendering possible the integration of the adolescent to her mother's home. [ 12 ] The Director has established the necessity for continued involvement. The measures recommended meet the needs of the adolescent and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 14 ] ENTRUSTS the adolescent to the care of her mother; [ 15 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her parents until her age of majority. [ 16 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Guylaine Plourde for Me Louise Denault Attorney for the adolescent Me Josselin Breton Attorney for the mother

Date of hearing : June 28 th , 2016