2011 QCCQ 9500, 2011 QCCQ 9500

Protection de la jeunesse — 113801 2011 QCCQ 9500 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] [...] « Youth Division »

N°.: 450-41-004044-112 DATE : May 25 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE MICHEL DURAND, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE YOUTH : X Date of birth : […], 1996 _______________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse A working at […], city A, district A; Declarer And A , […], city B, province of Quebec, […], and B , […], city B, province of Quebec, […], district A; Parents of the youth And LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , […], city A, province of Quebec, district A; ________________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with a motion for protection whereby the Youth Protection Director is asking the Court to declare this teenager (16) in danger for the following reasons :

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a) X is living with her mother. X's parents have been separated since she was two years old;

b) In 2007, X was diagnosed with ADD . She never took medication for her condition;

c) ln 2011, a psychological evaluation confrrmed the ADD and a mood disorder;

d) X has behavioural difficulties. On March 22 nd , she uttered a threat to cause death to her principal at school;

e) On March 29 th , X lost control at school and police officers had to intervene. She stayed at the hospital for a few hours;

f) Actually, she's suspended from school for two weeks, with possibiliy of home schooling if she stabilizes her condition;

g) X's mother takes drugs regularly (cocaine, speed, marijuana and ecstasy). She drinks up to eighteen beers a day;

h) Two years ago, X's mother was diagnosed with a severe depression and still takes medication;

i) The relation between X and her father is really bad and she rarely sees him.

j) The mother is overwhelmed by X's situation and upon intervention of the DYP, X lost control and was sent to the center A for an "arrêt d'agir";» [ 2 ] These allegations were proven by the production of these documents : D-2 Rapport d'évaluation préparé par [l’intervenant 1], daté du 26 avril 2011; D-3 Rapport d'orientation préparé par [l’intervenant 1], daté du 17 mai 2011; D-4 Rapport de réadaptation préparé par [l’intervenant 2], daté du 27 avril 2011; D-5 Rapport de réadaptation préparé par [l’intervenante 3], daté du 19 mai 2011; [ 3 ] X wants to know where she will stay and it will be at center B.

If there is any availability somewhere else, there will be discussion with all the parties on this subject. [ 4 ] The mother was present and she agreed to the amended conclusions. [ 5 ] Counsel for the mother informed the Court that her client took actions and namely, she has a follow of in city B and she agrees tho have one also with someone from center C for her alcohol problem. [ 6 ] She is happy that her daughter wants to stay at center B, because she doesn't have a car and it will be easier for her to meet with her at center B. [ 7 ] The father testified and said he never had the intention to abandon his daughter. [ 8 ] Last week-end, he took her shopping and he noticed that his wife also wants to make it gook for his daughter. [ 9 ] The father wants the Director of Youth Protection to keep X in the region. [ 10 ] Counsel for the teenager agreed with the conclusions, expressing also that the teenager wants to stay at center B where she created a bond with the social workers in that unit. [ 11 ] If not, she wants to go at her aunt's. [ 12 ] WHEREFORE, THE COURT : [ 13 ] GRANTS the present motion with the amended conclusions; [ 14 ] DECLARES that the security and the development of the youth X are in danger; [ 15 ] ENTRUSTS , the youth X to the Director of Youth Protection of Centre jeunesse A for her placement in a reception center for a period of one (1) year; [ 16 ] AUTORIZES in favour of the youth X, contacts with her parents according to the modalities set with the Director of Youth Protection; [ 17 ] ORDERS to the youth and her parents to take the necessary measures to put an end to the situation, namely that the mother undergoes an assessment for her personnal difficulties and a follow up; [ 18 ] ORDERS that the youth receives all the health services she requires, namely a medical evaluation of ther ADD and a follow up; [ 19 ] ORDERS that a person, working for Centre jeunesse A or any other establishment or body, provide aid, counsel and assistance to the youth for a period of one (1) year;

[ 20 ] ENTRUSTS the situation of the youth X to the Director of Youth Protection of Centre jeunesse A to see that the measures are carried out; __________________________________ MICHEL DURAND, J.Q.C. Me Cathy Séminaro For the D.Y.P. Me Johanne Pelletier For the youth Me Geneviève Lafontaine For the mother Me Gilles Naud For the father Date of hearing : May 25 th , 2011