2013 QCCQ 13623, 2013 QCCQ 13623

Protection de la jeunesse — 134682 2013 QCCQ 13623 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No.: 635-41-000521-135 DATE: August 16, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1996 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A , working in A City, district A, province of Québec Applicant v.

A , residing and domiciled in B City, district A, province of Québec Mother ______________________________________________________________________ JUDGMENT (sections 38 and 75 of the Youth Protection Act ) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection A , C.Y.P. filed a motion to have the security and development of the youth X, born on […], 1996, declared in danger based on her serious behavioural disturbances. [ 2 ] The facts alleged in support of the motion are as follows: 4.1 The youth displays behavioural problems, notably:

a) consuming drugs regularly;

b) consuming alcohol regularly;

c) displaying suicidal behaviour;

d) being involved in numerous criminal cases; 4.2 The youth admitted to the Youth Protection Worker that she displays risky behaviour and puts herself in danger when she is intoxicated; 4.3 On January 11, 2013, the police had to intervene with the youth because she was intoxicated in a house where there were several men who were also intoxicated; 4.4 On January 21, 2013, the police had to intervene with the youth because she was intoxicated and displaying suicidal behaviour; 4.5 On March 14, 2013, the police had to intervene with the youth because she stole a vehicle while she was intoxicated; 4.6 On March 29, 2013, the youth went to the police station because she was highly intoxicated; 4.7 While she was at the police station, the youth started to display suicidal ideations and aggressive behaviour towards the police officers; 4.8 The mother does not acknowledge the seriousness of the behavioural problems of the youth; 4.9 The collaboration of the mother with the Youth Protection is minimal and irregular. [ sic ] [ 3 ] At the hearing, the Director of Youth Protection recommended that the adolescent be entrusted to her mother's care and that aid, counselling and assistance be provided to the adolescent and her family, as well as additional corrective measures, until her majority.

[ 4 ] The mother, who was represented by her legal counsel, Mtre. Marie-Claude Degagné, admitted that her daughter displays behavioural problems that undermine her physical and psychological integrity. The mother also recognized that she is unable to correct the situation, but she denied that she offered minimal cooperation. [ 5 ] The adolescent's father is undeclared. [ 6 ] The adolescent, assisted by Mtre.

Myriam Gaudreault, admitted most of the alleged facts and consented to the proposed measures. [ 7 ] The Director of Youth Protection filed the following documents as evidence: − Evaluation and orientation report, written by Mrs. [Social Worker 2], A., D.Y.P., and dated April 25, 2013; − [center B]. occurrence reports, dated March 14, 2013, March 29, 2013, January 21, 2013, November 23, 2012, November 14, 2012, October 19, 2012, October 2, 2012 and September 28, 2012; − Copy of the adolescent’s birth certificate. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. The adolescent displays alcohol and drug issues. While intoxicated, she made suicidal threats and put herself in danger. The family clearly continues to need help and support in identifying the problems behind the adolescent's longstanding behavioural disturbances in order to prevent their recurrence. [ 9 ] Consequently, given the admissions and the expressed consent to the proposed measures, the Court is satisfied that the motion is well founded. THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the adolescent are in danger under

section 38(

f) of the Youth Protection Act ; AS FOR MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING: [ 12 ] MAINTAINS the youth X, born on […], 1996, with the mother until majority; [ 13 ] ORDERS that aid, counselling and assistance be provided to the youth and the mother until majority (nine (9) months); [ 14 ] ORDERS that the youth receive follow-up for suicidal ideations; [ 15 ] ORDERS that the youth get involved in a follow-up to work on her issues, and her alcohol and drug addictions; [ 16 ] ORDERS that the mother cooperate with the social follow-up to work on her parental abilities and learn how to put in place an adequate structure for the youth; [ 17 ] ORDERS the police to cooperate in the execution of this judgment; [ 18 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A C.Y.P.C., who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.Q.C.

Mtre. Myriam Gaudeault For the child Mtre. Marie-Claude De Gagné For the mother Mtre. Robert-André Adam For the applicant Date of hearing: June 11, 2013