2017 QCCQ 977, 2017 QCCQ 977

Protection de la jeunesse — 17216 2017 QCCQ 977 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000513-165 DATE: January 6, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2000 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 ] At the hearing, the parents are present but unrepresented. They wish to proceed without counsel. [ 2 ] The adolescent is also present and duly represented by a lawyer. Counsel for the adolescent expresses his consent to the measures proposed by the DYP even if he denies some allegations. Furthermore, he agrees to the filing of the report to value the testimony of its author.

For the adolescent, no evidence was provided in regards to the denied facts. [ 3 ] The parents agree with the facts, and the recommendations suggested by the DYP. Moreover, they consent to the filing of the reports to value the testimony of their respective author. [ 4 ] On May 4 th , 2016, an order was rendered entrusting the adolescent to a rehabilitation center designated by the DYP because of her behavioural problems. In fact, she was not respecting the home rules, not attending school, using drugs and drinking.

Furthermore, she attempted to commit suicide. [ 5 ] At the beginning of her placement at [A Center], she was showing signs of manipulative behaviour, self-harming behaviour and purging after eating. She needed a structured environment and constant support from the workers. [ 6 ] Since then, her situation improved positively. She can follow the rules at the center and also at home. She is free of drugs except for her prescribed medication. During her placement, she got involved in services to help her deal with her issues.

The road to get there was not an easy task for the adolescent, but she implicated herself in the services to get the help she needed. For example, on May 6, 2016, she was admitted at B Center in an outpatient service. [ 7 ] Many of the problems experienced by the adolescent were related to the consumption of drugs and alcohol but she is no longer using these substances. [ 8 ] The relationship between the mother and her daughter improved positively. She listens to her mother and she is more aware of the consequences of her actions. Her reintegration with her mother went well.

[ 9 ] The mother collaborates well with the DYP and the services. She is implicated in her daughter’s life. She participates in the meetings and got involved herself in a follow-up with a counselor. [ 10 ] Regarding the father, he is not being collaborative with the DYP. [ 11 ] Even if, the adolescent had major improvement, she still has issues with control, authority and impulsivity, but she can manage her issues.

Furthermore, when she will be back home different services will be provided to her to ensure that her return will be a success. [ 12 ] The parents will need support in order for the adolescent to stay in the family environment. [ 13 ] The parents recently got back together and living in the same house.

Since, the situation is recent, a measure providing the contacts between the adolescent and the father was not withdrawn from the recommendations. [ 14 ] The situation of the adolescent has improved in the past few months, but she still requires structure and services because her issues are not completely resolved and to pursue the goal already achieved. [ 15 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Under the circumstances, the petition is well founded. The suggested measures appear to be in its best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for revision and extension of order; [ 17 ] DECLARES that the security and the development of X are still in danger according to

section 38 of the youth protection act ; [ 18 ] ORDERS that the adolescent be returned her maternal home environment; [ 19 ] ORDERS that the visits between the adolescent and her father are determined by agreement between the parties, if deemed necessary; [ 20 ] ORDERS that the adolescent and her family benefit from psychological counselling to deal with their personal issues; [ 21 ] ORDERS that the adolescent and her parents benefit from External Educator services; [ 22 ] RECOMMENDS that the father participates in an addiction assessment and a follow-up if deemed necessary by the professional; [ 23 ] RECOMMENDS that the father participates in counselling to discuss the impact of family violence and personal issues; [ 24 ] ORDERS that the adolescent and her family actively participate in the application of the measures ordered; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until December 31, 2017; [ 26 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father Date of hearing: January 6, 2017 Written judgment filed on January 16, 2017