r v. A, 2018 QCCQ 15999
Opinion
Protection de la jeunesse — 186639 2018 QCCQ 15999 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005315-174 DATE: May 17, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION 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 ] On May 24, 2017, the Court orders the application of various protective measures as to the adolescent X and this, in relation to her serious behavioural issues.
More notably, the Court entrusts her to a rehabilitation center for one year. [ 2 ] Alleging a positive evolution of the adolescent’s situation, the Director of Youth Protection seeks the revision and extension the Court order, permitting her return to her family environment with the pursuit of services for four months. [ 3 ] Both the adolescent and her parents subscribe to the Director’s evaluation and orientation, as appears from the signed agreement produced in the Court file. [ 4 ] Analysis and decision [ 5 ] Since the last order, X remains in a rehabilitation center, the main objectives being that she benefit from a secure environment and internalize tools ensuring that she be functional and adopt socially acceptable behaviours. [ 6 ] Overall, she has shown a positive evolution as to her behaviours, although some challenges still remain.
As to these, X is more open with her parents and able to refer to them when she is at risk. She is distancing herself from negative peers and building new relationships. [ 7 ] She maintains regular contacts home, which progress from a few hours to consecutive days. Her parents are able to apply consistent routine and structure to their daughter. They also recognize the need to work as a parental team in order to avoid triangulation and inconsistency in response to their daughter’s needs. [ 8 ] In the last months, the focus is on progressively reintegrating X back to her home environment.
X reintegrates school and is doing well. During her visits home, she respects the structure in place. [ 9 ] X is ready to return home while maintaining a short term security net by way of the continued implication of the Director of Youth Protection and this, to ensure the consolidation of the changes in place and ensure the external services she requires to maintain a functional and balanced lifestyle. [ 10 ] As such, the Court endorses the application. [ 11 ] FOR ALL THESE REASONS, THE COURT:
[ 12 ] GRANTS the application for the revision and extension of a Court order; [ 13 ] DECLARES that the security and development of the adolescent are still in danger; [ 14 ] REVISES AND EXTENDS the Court order rendered on May 24, 2017; [ 15 ] ENTRUSTS the adolescent to her parents; [ 16 ] ORDERS that the adolescent and her parents take an active
part in the application of the measures ordered to put an end to the situation of endangerment; [ 17 ] ORDERS that the parent 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 to the situation in which the security or development of the child is in danger; [ 18 ] RECOMMENDS that the parents continue to participate in their follow-up with the CLSC; [ 19 ] RECOMMENDS that the adolescent continue her psychological follow-up; [ 20 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her family; [ 21 ] ALL THESE MEASURES for 4 months; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.
Me Sarah Gaudry Staub Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: May 17, 2018
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