2015 QCCQ 11381, 2015 QCCQ 11381

Protection de la jeunesse — 151994 2015 QCCQ 11381 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001866-141 DATE: March 24, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Mother and B, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ( sections 38 , 75 , 76.1 and 91 of the Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 Court is seized of a motion under

section 38 of the Youth Protection Act [1] (Y.P.A.) concerning the situation of the teenager X, born on […], 1999. [ 2 ] The applicant requests that the security or development of the adolescent be declared in danger in regards to paragraph (

f) of the second paragraph of

section 38 Y.P.A . [ 3 ] The evidence presented through the admissions of the mother and the teenager allows us to consider the following facts proven: • The teenager consumes alcohol on a regular basis; • She shows aggressive behaviour toward her parents when she is intoxicated; • The mother is very worried for her daughter's security and life as she was found unconscious outside during the winter time; • The parents are unable to control their daughter and are overwhelmed by the situation; • The relationship between the teenager and her parents is very difficult and all three want to receive services to improve it; • On November 21, 2014, immediate protection measures were applied and the teenager was placed in a rehabilitation centre.

The placement occurred because she assaulted her parents early in the morning. [ 4 ] This evidence establishes that the teenager has aggressive behaviour exacerbated by her regular and abusive consumption of alcohol and drugs. [ 5 ] The picture that emerges is that, given the teenager’s important behavioural disturbances, there is a clear necessity to declare her security and development in danger under paragraph (

f) of the second paragraph of

section 38 Y.P.A. . [ 6 ] The teenager disagrees with the measures recommended by the applicant concerning her placement in rehabilitation center. She prefers to return with her parents. [ 7 ] At the hearing, she expressed her desire to take

part in therapy for her alcohol and anger management problems. She acknowledged her inability to control her substance use and her anger under the influence of alcohol. [ 8 ] The mother acknowledged the necessity for her daughter to receive specialized services before her reintegration into the home. She also mentioned that the father's position is the same regarding their daughter’s reintegration. [ 9 ] The father and her daughter are willing to receive family counselling to improve their relationship.

[ 10 ] Having considered the evidence submitted, the Court concludes that it is not possible to return the teenager to her home before she takes

part in treatment to address her alcohol and anger issues.

CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security or development of X, born on […], 1999, is in danger; [ 13 ] ORDERS the placement of the teenager in a rehabilitation centre for a period of six (6) months; [ 14 ] ORDERS that the teenager be integrated into a treatment center for alcohol and anger issues as soon as possible; [ 15 ] ORDERS that reintegration of the teenager into her parents' home begin when she comes back from therapy, if she completes the program; [ 16 ] ORDERS reintegration into the rehabilitation centre if she does not complete the program, until she can be reintegrated into the parents' home by prescription of law, if the situation allows; [ 17 ] ORDERS that the teenager and her father be provided with counselling for their communication problems and anger management; [ 18 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the teenager and parents; [ 19 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Joanie Jacob Counsel for the teenager Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Michel Grenier Counsel for the parents Date of hearing: January 28, 2015 [1] CQLR, c. P-34.1 .