2013 QCCQ 9000, 2013 QCCQ 9000

Protection de la jeunesse — 132130 2013 QCCQ 9000 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004196-120 DATE: February 20, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1995 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________

CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents a motion for revision of a Court decision of March 28, 2012 concerning the adolescent X, born on […], 1995. [ 2 ] The said judgment declares that the security and the development of the adolescent are in danger in reason of her serious behavioural disturbances as well as neglect in the maternal home.

Amid various measures of aid and counsel for 9 months, the Court entrusts the adolescent in a reception center. [ 3 ] The Director alleges that the significant improvement of the adolescent's behaviours and collaboration as to the intervention justify the revision of the measures to permit that the she accede to independent living. [ 4 ] The Court proceeds in the absence of the father, duly served the proceedings.

The parties present consign their admissions in the Court record and confirm their assent as to the measures sought by the Director. [ 5 ] ANALYSIS AND DECISION [ 6 ] Since the last order, the adolescent remains in a reception center. [ 7 ] Although her initial integration is difficult considering the extent of her behavioural issues, more particularly intimidation, negative leadership, impulsivity, anger and opposition to authority.

The situation evolves progressively with a notable improvement a few months following the placement. [ 8 ] The adolescent completes anger management programs with success, namely [program A]. Her academic performance is excellent. She becomes a positive leader in her unit, learns to control her impulsivity and avoid her triggers. [ 9 ] The mother/daughter relationship is still challenging, its dysfunction being of long date and difficult to displace.

They are able to ensure harmonious and respectful interactions for short periods, but both understand that for the time being, living under the same roof can invariably lead to the resurgence of the important tensions existing before the intervention of the Director. [ 10 ] For the time being, the parties affirm not requiring specific help from the Director as to their relationship, considering being able to deal independently with any outstanding issues between them.

The parties are comfortable with the fact that the Director's involvement on this issue will be conditional to a specific request to this effect. [ 11 ] The mother participates actively in the intervention and remains available for her daughter.

She completes the B program offered by [center A]. [ 12 ] For these reasons and considering the imminence of adulthood, the parties determine that X's best interests dictate that she integrates independent living, with the help and support of social services. [ 13 ] Consequently, since January 6, 2013, the adolescent resides in an apartment and attends adult education classes on a daily basis. She learns to budget her monies and is able to see to her daily needs independently. [ 14 ] The adolescent receives support from her family and social services.

She is able to seek help in affronting specific challenges of her situation. [ 15 ] The adolescent offers significant efforts to deal with the various difficulties, which impede her development. The measures permit her to progress positively towards her majority, while offering a safety net of support and guidance. [ 16 ] The Court determines that the security and the development of the adolescent are still in danger.

As well as receiving the approval of the parties, the Court estimates that the recommendations respect the rights and the best interests, of the adolescent. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the adolescent are still in danger; [ 20 ] ENTRUSTS the adolescent to her mother; [ 21 ] TAKES ACT that the adolescent will be living independently; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 23 ] ORDERS that the adolescent and her mother participate actively in the ordered measures; [ 24 ] ORDERS that the adolescent reports periodically on the situation; [ 25 ] ALL THESE MEASURES until the majority of the adolescent on […], 2013; [ 26 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of

the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Maryse Fournier Attorney for the child Date of hearing: February 20, 2013