r v. A, 2017 QCCQ 17007

Protection de la jeunesse — 177356 2017 QCCQ 17007 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005315-174 DATE: May 24, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE 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 ] The Director of Youth Protection alleges that the security and the development of the adolescent X, are in danger in reason of serious behavioural difficulties.

Amid the application of various protective measures for one year, the Director seeks the adolescent’s placement in a rehabilitation center. [ 2 ] Both the parents and the adolescent subscribe to the Director’s evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] The adolescent resides with her parents. [ 5 ] The Director had previously intervened as to the adolescent, offering services to the adolescent and her family for similar reasons and this, under voluntary measures put in place until February 2017. [ 6 ] Within these measures, the adolescent spends 8 months in a dependency program at [Center A] , returning home in October 2016.

She also benefits from a follow-up with Santé mentale jeunesse , which ceases in reason of poor involvement. She still receives a psychiatric follow-up for her medication. [ 7 ] Although risk factors remain, seeing some improvement in her behaviors, her file is closed. [ 8 ] Quickly, there is a renewal of the adolescent’s behavioural issues. In March, she runs away from home and resumes her consumption of various drugs, such as Xanax, marijuana and MMDA.

After being found by police authorities, she agrees to reintegrate [Center A] , but runs away a few weeks later to be again found by the police. [Center A] refuses her return. [ 9 ] The adolescent recognizes the following ongoing behaviours: • Regular and extensive drug consumption; • Lying to her parents, friends and social worker; • Selling illicit drugs; • Involvement in prostitution and gang activities;

• Having unprotected sexual activities with different partners; • Selling nude pictures of herself; • Living in a ‘’trap house’’; • Having an entourage consisting of drug users and/or gang members; [ 10 ] On March 21, 2017, the Director of Youth Protection retains a complaint concerning the adolescent’s serious behavioural difficulties. [ 11 ] As of April 23, she resides in a rehabilitation, situation which is confirmed by the Court on a provisional basis. [ 12 ] The parents collaborate well with the Director and are devoted to helping their daughter. [ 13 ] Although well-intended, the parents are unable to consistently maintain the structure and the services necessary to respond to their daughter’s issues and ensure her security.

Other complex family issues overwhelm their capacities, namely their son’s special needs which also require continued attention (severe autistic syndrome). [ 14 ] Despite numerous services put in place for an extended period, X continues to exhibit problematic behaviours.

Her lack of investment, poor judgment and seeming attraction for high risk activities constitute the situation of endangerment and justifies the application of protective measures. [ 15 ] The parents submit that their daughter requires immediate psychological support and are not confident that the public sector is able to respond in a reasonable delay to her needs. They are prepared to retain the services of a private therapist.

Both the adolescent and the Director agree to participate and facilitate this process, recognized as being in the adolescent’s best interests. [ 16 ] The agreed measures are consistent with the adolescent’s needs for structure and support and the Court endorses these. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of the adolescent are in danger in reason of serious behavioural disturbances; [ 20 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 21 ] ORDERS that the contacts between the adolescent and her parents be following agreement between the parties; [ 22 ] 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; [ 23 ] ORDERS that the parent report periodically to the Director on the measures they apply to put an end to the situation of endangerment; [ 24 ] TAKES ACT that the parties recognise and agree that the parents will seek an independent psychological follow-up for their daughter, to which she agrees to participate; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her family; [ 26 ] ALL THESE MEASURES for a period of one year; [ 27 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Dina Allam Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: May 24, 2017