2017 QCCQ 17089, 2017 QCCQ 17089

Protection de la jeunesse — 177647 2017 QCCQ 17089 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 032755-175 DATE : August 31, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2002 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 August 31 st , 2017. [ 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 serious behavioural disturbances.

The Director is asking that the adolescent be entrusted to the care of her parents and that aid, counsel and assistance be provided for a period of twelve months. [ 3 ] The parents admit essentially all the facts alleged in support of the motion except the concerns regarding a possible involvement of the adolescent with prostitution. Both parents welcome the involvement of the Director and agree with the recommendations made. [ 4 ] Although the adolescent does not admit all the facts alleged in support of the motion, she recognizes having serious behavioural disturbances.

She is in full agreement with the recommendations of the Director. CONTEXT [ 5 ] In April and May 2017, the Director receives signalements pertaining to the adolescent’s situation. The evaluation of the signalements reveals that the behaviours of the adolescent are such that the parents are overwhelmed.

[ 6 ] The adolescent does not respect their authority, the curfews imposed nor is she accountable for her time spent in the community. Of concern is the fact that the adolescent is involved with older individuals. She has used drugs and was found in a crack house on one occasion. [ 7 ] In addition, the adolescent is diagnosed with Attention Hyperactivity Attention Disorder, Oppositional Defiant Disorder, Depression and Anxiety.

She refuses to take her medication. [ 8 ] End of May, the adolescent is hospitalized due to suicidal ideation. [ 9 ] End of June 2017, the worker meets the adolescent and her parents to discuss an altercation that ensued between mother and daughter the weekend prior. Discussions took place around the possibility of placement for the adolescent who decided then to run away from home. Brought back by the police a few minutes later, the adolescent was placed in a group home as the worker invoked immediate protective measures. [ 10 ] At the hearing, the parents described how the situation has now changed.

They believe that the period of placement was beneficial in that the adolescent came to realize the seriousness of the situation. All family members are committed to solve the issues and to accept the services of the Director in order to put an end to the situation of compromission. [ 11 ] The Director has established that the security and development of the adolescent are compromised due to serious behavioural disturbances. The measures recommended meet the needs of the adolescent and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 12 ] DECLARES that the security and the development of the adolescent are compromised due to serious behavioural disturbances.

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: [ 13 ] ENTRUSTS the adolescent to her parents; [ 14 ] TAKES ACT that the family has been accepted by the Transition Diversion Program; [ 15 ] TAKES ACT of the commitment of the adolescent and her parents to participate in the program; [ 16 ] RECOMMENDS that the adolescent continue to receive the services provided by the Douglas Hospital and follow-through with the recommendations made by the professionals; [ 17 ] RECOMMENDS that the parents follow the recommendations of the educator and social worker to enhance their skills and learn effective discipline methods; [ 18 ] RECOMMENDS that the family attend family counselling; [ 19 ] RECOMMENDS that X undergo random drug testing if asked by the Director of Youth Protection; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her parents for a period of one (1) year; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Myriam De Blois Attorney for the Director of Youth Protection Me Berna Tabet Attorney for the adolescent Date of hearing : August 31 st , 2017