2016 QCCQ 7111, 2016 QCCQ 7111

Protection de la jeunesse — 163053 2016 QCCQ 7111 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000513-165 DATE: May 4, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2000 Adolescent -and- A -and- 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 ] For years, the youth’s parents had an unstable and stormy relationship. They separated last fall and the father now lives in the garage located beside the family residence. [ 2 ] The parents’ relationship remains antagonistic and the youth is exposed to that situation. Moreover, routine and structure are lacking at home. [ 3 ] The youth shows behavioural disturbances.

She takes drugs and alcohol, does not always attend school and has a hard time complying with rules and respecting authority. [ 4 ] Last December, the youth takes her grandmother’s medication, trying to commit suicide. She does so because she fears being pregnant. She is brought to the hospital and then entrusted to a rehabilitation center, on a voluntary basis, for two months. [ 5 ] The youth comes back home in February, but problems remain present. The youth still takes drugs and refuses to attend her counselling sessions anymore. [ 6 ] Moreover, the relationship between the youth and her mother is strained.

They argue a lot and the youth is disrespectful. [ 7 ] The father does not support the mother, to the contrary. He sides with his daughter, agrees with her and will not refuse her anything. He openly blames the mother for the youth’s problems and sees himself as a victim. [ 8 ] The situation escalates and, on March 12, the youth is entrusted to a rehabilitation center, under immediate protective measures. She runs away from the unit on the same day, to be found on the following day.

On the same night, she runs away again, when her father comes to pick her up, despite the application of immediate protective measures. She is brought back with assistance from the police. The youth remains in a rehabilitation centre afterwards. [ 9 ] However, she runs away, once more, a few days later. She then goes at her grandmother’s and overdoses, again, after taking her grandmother’s medication. She is brought to the hospital, and transferred to Halifax, in an intensive care unit.

According to the psychiatrist who assesses her, the youth does not suffer from a mental disorder but would rather attempt suicide out of impulsivity,

unable to cope with stressors and emotions. Still, she would remain at chronically high risk for suicide attempts. [ 10 ] The youth’s situation is fragile and worrying. The evidence demonstrates clearly that her security and development are in danger because of her behavioural problems and refusal to attend school. [ 11 ] The seriousness of the situation requires that the youth remains in a rehabilitation center for several months. She is willing to work with professionals in order to solve her issues.

Both parents also express the intention to cooperate, in their daughter’s best interest. [ 12 ] The petition is well founded. WHEREFORE, THE COURT: [ 13 ] GRANTS the petition for protection; [ 14 ] DECLARES that the security and development of X are in danger according to

section 38 of the youth protection act ; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP until December 31, 2016; [ 16 ] ORDERS that visits between the adolescent and her parents be determined by agreement between the parties; [ 17 ] RECOMMENDS that the adolescent actively participate in psychological counselling to help develop her well-being; [ 18 ] RECOMMENDS that the adolescent actively participate in follow-up with an addictions counsellor and treatment as long as deemed necessary; [ 19 ] RECOMMENDS that both parents receive an addiction assessment, and seek treatment if deemed necessary; [ 20 ] ORDERS that both parents receive professional assistance through an external educator; [ 21 ] RECOMMENDS that both parents work with a psychologist on their unresolved personal issues; [ 22 ] ORDERS that the adolescent and her parents actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and her family until December 31, 2016; [ 24 ] ENTRUSTS the situation of the adolescent to the DYP of the Center intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes for the adolescent Mrs. A the mother

Mr. B the father Written judgment filed on May 12, 2016