2017 QCCQ 696, 2017 QCCQ 696

Protection de la jeunesse — 1734 2017 QCCQ 696 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000161-168 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 MR [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 ] The Director of Youth Protection of the A Board of Health and Social Services A submits to the Court a motion that the security and development of X, 16 years old, be declared in danger because of her serious behavioural problems and non-frequentation of school with regard to

section 38 (

f) and 38.1 (

b) of the Youth Protection Act. [ 2 ] At the hearing, the youth and her father are present, assisted by Me Myriam Gaudreault and Me Yan Massé. The absent mother is represented by Me Michel Grenier and Me Camille Champeval represents the applicant. [ 3 ] All the parties admit the allegations and acknowledge the compromising situation. [ 4 ] It is proved that voluntary measures were signed July 27, 2015 because of the youth’s behavioural problems and that she was entrusted to the care of her sister Y for a year.

Even at the end of the measures, the youth remained in the care of her sister. [ 5 ] But the behavioural problems are now increasing. She consumes drugs and alcohol, she steals and is manipulative. She does not attend school, even if she signed a contract agreement last October 6. Since, she missed numerous classes. [ 6 ] The youth does not respect authority. There are tensions and disagreements between the mother and Y. But they agree on the fact that they are overwhelmed with Amanda’s behaviour. [ 7 ] A provisional order was rendered on October 18, 2016, and since, the youth is placed in a foster family.

The youth overreacted when she was informed of the intention of the Director of Youth Protection. She locked herself in her room, screamed and destroyed her belongings.

The social worker and parents are concerned regarding her mental health. [ 8 ] The father is sporadically involved with the youth at this point. [ 9 ] For the applicable measures, the social worker recommends the youth’s placement in a reception centre with services such as psychological assessment and follow-up if required and social follow-up for the youth and the parents. [ 10 ] The parties agree with all the measures recommended. [ 11 ] The youth cannot be maintained in foster family. She does not respect the authority there.

She stole jewelry from the foster parents, skipped lot of classes, continued to have unapproved contacts with her mother, consumed alcohol and drugs and had a physical altercation with her boyfriend. [ 12 ] The mother has also problems with alcohol and drugs. She is unable to control Amanda.

[ 13 ] The father is also not able to control his daughter. [ 14 ] Consequently, it is urgent that the youth be placed in a structured setting. She needs to evolve in a safe and stable environment. Psychological and medical evaluations should be done to know if she has mental issues. [ 15 ] The communication between the youth and her father must be developed. As he has more authority on her than the mother, as he can offer her stability after her placement at the reception centre, the reintegration of Amanda should be with her father.

The mother has her own issues to work on and must learn to behave as a parent with Amanda, not a friend. [ 16 ] The father is more present and active since the provisional measures. He is ready to support Amanda during the placement.

THEREFORE, THE COURT: [ 17 ] DECLARES the security and development of X in danger; [ 18 ] ORDERS the placement of X in a reception centre until June 23, 2017; [ 19 ] ORDERS the Director of Youth Protection to provide a psychological assessment of the youth in a delay of 60 days and follow- up if required; [ 20 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and her parents (frequency and other modalities); [ 21 ] ORDERS that the youth receive all medical services that she requires; [ 22 ] RECOMMENDS that the youth receive therapy for her substance abuse; [ 23 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents until June 23, 2017; [ 24 ] ORDERS the parents and the youth to collaborate actively with the social worker; [ 25 ] ORDERS any police officer to collaborate with the execution of the present judgment; [ 26 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the father Me Myriam Gaudreault Attorney for the youth Date of hearing: December 6, 2016