2015 QCCQ 9951, 2015 QCCQ 9951

Protection de la jeunesse — 151315 2015 QCCQ 9951 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029328-150 DATE : February 16, 2015 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2000 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 February 16, 2015. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent claiming that her security and development are compromised due to her behavioural disturbances. [ 3 ] The Director requests that the adolescent be fostered in a rehabilitation centre for a period of six months and that aid, counsel and assistance be provided to the family for a period of nine months. [ 4 ] Both parents admit all the facts alleged in support of the motion.

Nonetheless, the parents wish for their daughter to reintegrate her mother's home as they feel that the adolescent is committed to respect their authority and they want to give her the chance to be reunited with the family. [ 5 ] The adolescent did not, at first, admit any of the facts alleged in the motion. On the contrary, she denied or ignored all the facts that are admitted by her parents.

[ 6 ] It is only when she testified that she was able to recognize her situation and provide explanations and nuances to the facts that led to the involvement of the Director. The adolescent wishes to return home and agrees with the involvement of the Director. CONTEXT [ 7 ] The evidence reveals that approximately two years before the involvement of the Director, the situation of the adolescent started to deteriorate. [ 8 ] In January 2015, when the situation of the adolescent is signalled to the Director, the list of concerning behaviours exhibited by the adolescent is extensive.

The youth is increasingly verbally aggressive towards family members, does not respect her parents' authority, associates with negative peers, uses drugs, and runs away from home on occasions, once for three days and three nights. [ 9 ] Up until the hearing, the adolescent has been uncooperative with the Director, keeping to herself the details of the three day weekend she spent away from her mother's home in December 2014 and the reasons why she was carrying a large knife "for her protection" when she ran away from home in mid-January 2015. [ 10 ] In fact, it is only when questioned by the Court that the adolescent provided some details to what needs to be discussed and analyzed by the Director and with the parents and the adolescent in order to try and establish an intervention plan to correct the situation of the adolescent. [ 11 ] Up until a week prior to the hearing, the adolescent was opposed to receiving the services of the Director although she was starting to express the desire to re-establish contact with her parents, contact that she had cut following her placement in the rehabilitation centre a few weeks before. [ 12 ] When the adolescent was placed provisionally in mi-January 2015, the parents recognized being overwhelmed with the situation and were therefore in agreement with placement.

Both parents have provided coherent and appropriate structure to the adolescent throughout the years despite the difficulties encountered with the deterioration of the adolescent's behaviour. Both parents are very committed to their daughter and wish for her to be back home. They have shown motivation to work with the Director. [ 13 ] Although the parents and the adolescent wish to be reunited, the Court concludes that the return of the adolescent to her mother's care is, under the current circumstances, premature.

Before the youth is reintegrated home, work needs to be done and an intervention plan has to be established. [ 14 ] Considering the commitment of the adolescent to work with the Director and to correct her situation, the Court allows the Director to plan a reintegration home sooner than what is usually allowed by law.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: DECLARES that the security and the development of the adolescent are compromised; 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: [ 15 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre for a maximum period of six (6) months, ALLOWING the Director of Youth Protection to authorize full reintegration home if the situation allows in two (2) months as of today; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined after entente between the parents and the adolescent; [ 17 ] RECOMMENDS that the family be assessed by the Family Preservation program and if accepted, follow the recommendations; [ 18 ] RECOMMENDS that the adolescent attend counselling to address anger management and other emotional issues; [ 19 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of nine (9) months. [ 20 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection

Me Tiago Murias Attorney for the adolescent Date of hearing : February 16, 2015