r v. A, 2014 QCCQ 16807

Protection de la jeunesse — 144447 2014 QCCQ 16807 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-002362-146 DATE: May 22, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […],1997 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B (deceased) 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 ] The Director of Youth Protection presents a motion for protection concerning X, born on December 6, 1997, alleging that her security and development are in danger in reason of serious behavioural disturbances. [ 2 ] The Director recommends the application of protective measures for 9 months while maintaining the adolescent in her maternal environment.

The parties consign their admissions to the Court record and agree to the measures sought. [ 3 ] Analysis and decision [ 4 ] At the initial evaluation phase, the adolescent resides with her mother, stepfather and her siblings. Her father passes away in 2010. [ 5 ] In April 2014, the Director determines that there is a situation of serious behavioural disturbances, primarily in reason of X's risky frequentations and her avowed intentions of running away from home.

Specifically, X admits having a relationship with a man she meets via social media and to planning to leave for B town to meet with him. [ 6 ] The adolescent commences contacts with Mr. C in autumn 2013, through social media, telephone conversations and text messages. Both parties actively pursue this relationship, communicating daily through social media, phone calls and text messages. On a few occasions, he meets her in A town. X keeps this relationship a secret from her mother. [ 7 ] At home, the adolescent's behaviours falter, as does her academic performance.

This brings forth the accentuation of family conflicts and further pushes X to seek solace in her long-distance relationship. [ 8 ] Once X's mother learns of the relationship with Mr. C, she undertakes steps to secure her daughter, including taking possession of her passport and controlling her cellular phone use. Numerous services are put in place, namely through the police, border authorities and the Youth Protection authorities. [ 9 ] When she meets the caseworker, X states that she and Mr. C are in a committed relationship.

She explains that he is 35 years old and the proprietor of a hotel in B town, where he resides. She would have met him on 3 or 4 occasions in A town (which she now denies). They communicate daily. X furnishes his personal details and coordinates, including his address and phone number. [ 10 ] X adds that she initiates the plan to leave for B town to be with Mr. C, because of her difficult home situation and her belief that he offers her a better life.

[ 11 ] Verifications are made in order to trace Mr. C with the information furnished by X, but to no avail. X rejects any information discrediting her boyfriend and continues to threaten to leave home. [ 12 ] According to the mother, in the past, X entertains other unhealthy and problematic relationships, demonstrating insecure and dependant tendencies. [ 13 ] On April 25, 2014, the Director proceeds to the emergency placement of the adolescent in a reception center, as she was manifesting increasing anger and instability.

On May 1, 2014, the Court renders a provisional judgment confirming the placement and prohibiting X from contacting Mr. C. [ 14 ] Following her placement, X maintains her conviction as to her boyfriend's sincerity, even saying that his lawyer is travelling to Quebec to prove his identity to the authorities. She also revises certain facts, saying that they never met and that he presented himself as a professional photographer via social media. She continues to receive e-mails and texts from Mr.

C. [ 15 ] Throughout the provisional placement, X commences to re-evaluate her perceptions, particularly with the implication of a service coming to the aid of adolescents at risk of exploitation ( Mobilis ). She cooperates more fully with the intervention. [ 16 ] The mother is collaborative and exhibits adequate parental abilities. Considering the importance of the risks involved in the situation of X, she is open to receiving support. [ 17 ] Although X needs guidance as to her choices and social interactions, she generally functions adequately.

Furthermore, imminent changes in the family dynamic will also contribute to assuaging the elements contributing to the adolescent's dissatisfactions. [ 18 ] The parties agree that the risk is always present, but manageable in the family environment, which the evidence also reflects. [ 19 ] The Court hears the parties as to the contacts between the adolescent and Mr.

C, especially as to the renewal of the provisional prohibition of contacts. [ 20 ] The parties jointly submit that the adolescent demonstrates a sincere will to withdraw from this relationship and to actively participate in the measures, which is concurrently the basis of returning and maintaining her in the family environment. [ 21 ] Although the evidence convinces the Court of the noxious nature of this relationship in the adolescent's life, it also establishes that more structured measures ensuring her security are presently unnecessary. Notwithstanding, further pursuance of contacts between X and Mr.

C, will warrant a revision of the adolescent's situation. [ 22 ] Consequently, after considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 23 ] FOR ALL THESE REASONS, THE COURT: [ 24 ] GRANTS the motion for protection; [ 25 ] DECLARES that the security and development of the adolescent are in danger; [ 26 ] ENTRUSTS the adolescent to her mother; [ 27 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and her family for 9 months; [ 28 ] ORDERS that the adolescent and her mother undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the CENTRE JEUNESSE A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Petitioner Me Eric Nadeau Attorney for the adolescent Date of hearing: May 22, 2014