2016 QCCQ 4247, 2016 QCCQ 4247

Protection de la jeunesse — 161757 2016 QCCQ 4247 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030618-151 DATE : February 1, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2000 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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 February 1 st , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent alleging that her security and development are compromised due to behavioural disturbances and physical abuse on the part of her mother and her mother's ex-partner.

The Director is asking that the adolescent be entrusted to a rehabilitation centre for a period of three months and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The mother admits essentially all the facts alleged in support of the motion except those pertaining to her physical abuse of her daughter. The mother has always denied being abusive towards her. The mother agrees with the recommendations presented by the Director. [ 4 ] Counsel for the adolescent admits essentially all the facts alleged in the motion but denies also the physical abuse of the adolescent by the mother.

The adolescent agrees with the recommendations made by the Director. [ 5 ] The father, who lives in [Province A], has received, although just a few days before Court, the motion and court report through

email. The worker reports that the father agrees with the recommendations of the Director. The father has expressed to her his desire to have more contacts with his daughter. CONTEXT [ 6 ] Early December 2015, the adolescent divulges being physically abused by her mother and her mother's ex-partner. She claims to be afraid to return home. [ 7 ] The evaluation of the signalement reveals that the youth exhibits serious behavioural disturbances. She does not respect her mother's authority nor house rules and curfews. She exhibits aggressive behaviours both at home and in school.

She has gotten into physical altercations with peers. [ 8 ] Both mother and daughter describe numerous arguments opposing them. The adolescent claims her mother has hit her on different occasions which is denied adamantly by the mother. [ 9 ] The mother is concerned as her daughter has been absent from home (two weekends in December).

The mother does not approve of all the friends her daughter has. [ 10 ] In November 2015, the mother decided to register her daughter in a different school as it was felt that the adolescent was influenced negatively by her friends and because she was in conflict with some of her peers. [ 11 ] According to the mother, her daughter wants freedom and does not respond to her attempts to discipline her. [ 12 ] In December 2015, the adolescent has attacked a girl who may or may not have been involved with the adolescent's boyfriend. In addition, the adolescent has also been involved in other fights with peers.

One of these incidents led to charges laid against the adolescent. Appearance in Court under the Youth Criminal Justice Act (YCJA) is set for February 22 nd , 2016. [ 13 ] The mother recognizes that her ex-partner, father of the adolescent's two-year-old brother, has been involved in some arguments and physical altercation with the adolescent.

All agree that the ex-partner should not have any contact with the adolescent. [ 14 ] Mother and daughter wish to be reunited as soon as possible but agree that help is needed to re-establish healthy communication and to provide appropriate structure to the adolescent. [ 15 ] The Director has established that the security and development of the adolescent are compromised due to her behavioural disturbances as well as the physical abuse the adolescent was subjected to by the mother's ex-partner. [ 16 ] Under the circumstances, the recommendations of the Director not only meet the needs of the adolescent but are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security and the development of the adolescent are 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: [ 18 ] ENTRUSTS the adolescent to a rehabilitation centre for a period of three (3) months; [ 19 ] ORDERS that the mother ensure that there be no contacts between X and Mr.

C; [ 20 ] TAKES JUDICIAL NOTICE that the adolescent is willing to receive psychological counselling; [ 21 ] RECOMMENDS to the adolescent to receive psychological counselling; [ 22 ] ORDERS the Director of Youth Protection to make all efforts to provide psychological counselling as soon as possible to the adolescent; [ 23 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her parents for a period of one (1) year; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Marie-Josée Paiement

Attorney for the Director of Youth Protection M. Jean-Marc Pham Attorney for the adolescent Date of hearing : February 1 st , 2016