r v. A, 2017 QCCQ 20810

Protection de la jeunesse — 1711171 2017 QCCQ 20810 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005409-175 DATE: October 27, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2000 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Alleging that X’s serious behavioural difficulties and educational neglect endanger her security and development, the Director of Youth Protection seeks the application of various protective measures for 6 months, including the adolescent being entrusted to a rehabilitation center. [ 2 ] The adolescent, as well as her parents, subscribe to the Director’s evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] In the last years, the adolescent demonstrates increasingly problematic issues, including suicidal behaviours, risky peer interactions and opposition to parental authority.

The parents have recourse to community services and seek support to address the situation. [ 5 ] Although her mother assumes legal custody, the parents agree that she reside with her father following her violent behaviours in her maternal environment. [ 6 ] The Director of Youth Protection intervenes in the adolescent’s situation as of September 16, 2017.

This is their third evaluation in relation to the adolescent’s behaviours and her family environment, having previously considered that the appropriate services were put in place to address the situation. [ 7 ] When the Director commences its evaluation, X is staying at a women’s shelter following an argument with her father, of which the primary issues are: • X no longer wishes to attend school; • X states being pregnant and wanting to pursue her pregnancy; • X refuses to respect the house rules; [ 8 ] Both X and her father accept mediation, which results in her return home with the promise to respect the house rules and attend school.

X also indicates that she believes she is pregnant. [ 9 ] This situation is cut short when another dispute ensues a few days later in relation to the adolescent’s declared pregnancy, degenerating on both a verbal and physical level. Both agree that it is not possible to continue to live together. The father feels unable to

assure the care of his daughter and requests her placement. [ 10 ] X exhibits significant distress. [ 11 ] She feels that she does not belong and considers being a burden on her family. She insists on her wish to have a child, insisting that she would take any means to arrive to this end. [ 12 ] She further admits having taken medications in view of putting herself in a coma so as to no longer have to deal with her situation.

Her father then transports her immediately to the hospital for a medical and psychiatric assessment. [ 13 ] After an evaluation, she receives a discharge with a specific plan to assure her safety. The parties agree to a provisional measure entrusting her to a rehabilitation center (group home). It is necessary to have recourse to a court order when X retracts her agreement and states her intention to commit suicide. [ 14 ] The parents, as well as their respective spouses, collaborate fully with the interventions as a coherent and cohesive team.

They recognize being overwhelmed by their daughter’s complex behaviours and to responding in an inadequate fashion to these. The Court underlines their joint commitment to accompany the adolescent in addressing her challenges. [ 15 ] X responds well to the structure and neutrality of the rehabilitation center. She invests herself in the programming and is functioning well. [ 16 ] An evaluation by the Santé mentale jeunesse team tends towards a diagnosis of borderline personality disorder in conjunction with behavioural difficulties.

In view of this, it is probable that the adolescent will eventually orient towards a group home specialized to respond to her specific challenges. [ 17 ] In view of the evidence, the Court determines that there is a situation of endangerment requiring the application of protective measures, namely serious behavioural difficulties and educational neglect. The Director’s recommended measures, as well as receiving the approval of both the adolescent and her parents, is an accurate reflection of the situation and the objectives of the law. [ 18 ] The general objective is for X to return to her family environment.

To this end, both the adolescent and her parents will need to further understand her challenges and learn strategies to ensure that she benefit from adequate structure, which will necessarily have to be geared to minimizing the emotional weight of the interactions. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent are in danger in reason of educational neglect and serious behavioural disturbance; [ 22 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by Director of Youth Protection A for a period of 6 months; [ 23 ] ORDERS that the contacts between the adolescent and her parents be following agreement between the parties; [ 24 ] ORDERS that the parents and the adolescent report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development are in danger; [ 25 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that the adolescent receive certain health care and health services, namely a mental health follow-up; [ 27 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his parents; [ 28 ] THE WHOLE until the adolescent’s majority, [...], 2018, safe for the order of placement; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Isabelle Lyonnais Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 27, 2017