2019 QCCQ 15298, 2019 QCCQ 15298

Protection de la jeunesse — 1911493 2019 QCCQ 15298 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005992-196 DATE: October 18, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Alleging that X’s behavioural difficulties and an educational neglect endanger her security and development, the Director of Youth Protection seeks the application of various protective measures until her majority. [ 2 ] The adolescent and her father subscribe to the Director’s evaluation and orientation. Although the mother is absent, she advises the caseworker to being in agreement with such. [ 3 ] Analysis and decision [ 4 ] The adolescent resides with her father.

As her mother resides in [Country A], she rarely has visitation with her but maintains contacts through other means (telephone, etc.). [ 5 ] The adolescent’s functioning is dysfunctional on numerous levels, which is exacerbated by the father’s lack of discipline and structure as well as her diagnosis of attention deficit disorder. [ 6 ] More notably, the adolescent consumes a variety of drugs on a daily basis. She admits stealing from her family. She has questionable frequentations and a tendency to promiscuity.

Her father is regularly unaware of his daughter’s whereabouts and unable to reach her. [ 7 ] In the last months, the adolescent is sexually assaulted by two adults while she is under the influence of drugs and alcohol. Her father was not advised of his daughter’s going out. [ 8 ] X is also at risk of prostitution and gang activities, having resisted until now attempts to recruit her.

Although she states not having any intentions in this regard, she remains on the periphery of such. [ 9 ] In her school setting, despite the fact that X shows potential to succeed, she is oftentimes distracted and unavailable for learning. [ 10 ] The Director intervenes in the adolescent’s situation as of February 2019. [ 11 ] The father offers minimal collaboration, stating that he doesn’t see any significant reasons for concern. [ 12 ] An educator intervenes in view of helping the family respond to the adolescent’s needs and ensure an adequate routine and structure.

A contract is put in place between the parties, but the implementation is uneven.

[ 13 ] Recently, the adolescent is making better choices. She is attending school, working part time and declares having reduced her drug use. Services are being put in place to support her progress. [ 14 ] The father states that he is being more vigilant as to his daughter’s activities and whereabouts. [ 15 ] X remains at risk in reason of her serious behavioural difficulties and the neglectful response to these in her paternal environment.

The parties agree that protective measures are necessary in order to rehabilitate this situation and permit the adolescent to evolve positively. [ 16 ] The Court endorses the conclusions sought by the Director as such are the reflection of the adolescent’s best interests and the objectives of the law, while being accepted by the parties.

FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES the security and the development of the adolescent in danger in reason of : • educational neglect (article 38b)1)iii) Youth Protection Act) • serious behavioural disturbance (article 38f) Youth Protection Act); [ 19 ] ENTRUSTS the adolescent to her father; [ 20 ] ORDERS that the contacts between the adolescent and her mother be following agreement between the parties; [ 21 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 22 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 24 ] ALL THESE MEASURES until [...], 2020; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne-Catherine Bujold Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 18, 2019 Date of signature: December 10, 2019