2011 QCCQ 14040, 2011 QCCQ 14040

Protection de la jeunesse — 115111 2011 QCCQ 14040 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth division” N o : 635-41-000425-113 DATE: October 6, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A town Applican t -and- X , residing and domiciled in B town, province of Quebec, district A Youth -and- A , residing and domiciled in B town, province of Quebec, district A Mother ______________________________________________________________________ JUDGMENT Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The Court is seized of a petition under

Section 38

f) of the Youth Protection Act concerning X, born on […], 1996. The applicant is requesting from the Court to declare the security and the development of the youth has being compromised, recommends that she be entrusted to a rehabilitation center for a period of four months and that different measures of help be ordered for this family for a period of nine months. [ 2 ] The youth is present and represented. She admits most of the allegations of the petition and agrees for the placement but for one month only. The mother is present but not represented.

She also admits most of the allegations and agrees that her daughter be placed in a rehabilitation center but would like that she comes and see her once in a while. [ 3 ] On June 28, 2011, the youth was part of seven youths who swallowed pills. She was seen by a doctor at the hospital in A town, was released and sent back to B town to meet with the CLSC. Two days later, she returned to the clinic in B town and said that she had taken an important amount of iron pills.

On July 18, 2011, she took pills for the third times and was medevac to A town to assess her risk of suicide. [ 4 ] At the time of the petition, she was displaying behaviour problems (not respecting authority, consuming marijuana and mutilating herself). The mother says that her daughter’s behaviour changes went she turned 13 years old. She started to take drugs, to drink to sniff gas and self-mutilating. Her behaviour had worsened in the past few months at the time of the petitions. [ 5 ] She is placed in a rehabilitation center since July 28, 2011.

Her situation has improved but she is still displaying behaviour problems and mostly being disrespectful towards authority. She is presently attending school in C town and she is doing well. In the past, she was loafing about at school and not attending on a regular basis. [ 6 ] As she is a teenager, X is in a period of her life in which she needs to rebel and to stand in front of authority. She also needs to experiment and to fit-in with her friends. The evaluation allowed the different workers to observe that she tends to follow negative leaders and to challenge authority a lot.

It seems that she took the pills more to have fun and because she wanted to do like her friends, then as a self-destructive behaviour or a real desire to die. She also wanted to get “high” and break the boredom of her community. In her household, the only rule was a curfew. [ 7 ] The youth is still in need of a structure environment and to learn to be respectful and to change her behaviour.

The Court feels that this can be achieved in a rehabilitation center in a period of four months in order to reintegrate school in B town next January. [ 8 ] Considering the admissions, the testimony of the parties and the reports filed, the Court is convinced that the

recommendations are in the best interest of the youth and that they respect her rights. FOR THESE MOTIVES, THE COURT: GRANTS the petition; DECLARES that the security and the development of X, born on […], 1996, are in danger in accordance with

Section 38

f) YPA; ENTRUSTS the youth to a rehabilitation center for a period of four months to allow a progressive reintegration with her mother; ORDERS • that she be evaluated by a psychologist for her cognitive functioning; • that a person working for an institution or body provide help, counsel or assistance to the youth and to the youth’s family for a period of nine months; • that the youth and her mother take an active

part in the measures applied; • that the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy; • that the director of Youth Protection supervised the contacts between the youth and her family as for modalities and frequency; ENTRUSTS the youth’s situation to the Director, who shall then see that the measures are carried out; ORDERS the execution of this enactment by any peace officer, if required. __________________________________ Marc E. Grimard, JQC M e Stéphanie Lachance Counsel of the applicant M e Denis Trottier Counsel of the youth Date of hearing: September 20, 2011