2012 QCCQ 7996, 2012 QCCQ 7996

Protection de la jeunesse — 121704 2012 QCCQ 7996 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004130-111 DATE: February 17, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1995 DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE a Petitioner -and- A -and- B (deceased) Parents of the child -and- JC0B11 C Party to the instance 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 ] A motion for protection is submitted to the Court concerning X, born on […], 1995. [ 2 ] The Director of Youth Protection alleges that the situation of the youth is in danger in reason of physical abuse and serious behavioural disturbances, for which the parents are unable or have failed to take the necessary steps to counter. [ 3 ] The Court grants party status to the maternal grandmother, Ms C, considering that she has been an important

part in X's life since her birth, and is her primary caregiver since her father, Mr. B, passed away in 2006.

The mother's whereabouts are unknown and she is not significantly involved in her daughter's life. [ 4 ] By consent, the Petitioner produces the reports on the analysis of the youth's social situation as evidence (pièces D-3 et D-4), in lieu of testimony. [ 5 ] The admissions of the parties as to the motion are noted in the Court record and they indicate their assent as to the measures proposed by the Director. [ 6 ] The Petitioner evaluates the situation of the adolescent on September 20, 2011, in conjunction with her passage before the Court in virtue of the Youth Criminal Justice Act .

The adolescent is sentenced to a period of detention in a secured readaptation unit for 30 days, followed by the statutory period of supervision. Her Y.C.J.A. file denotes a significant number of previous delinquent activities for which interventions were necessary. [ 7 ] The relationship between X and her grandparents is generally positive, but is regularly punctuated by the adolescent's failure and/or refusal to respect their authority in regard to limits and house rules. When confronted, she can be disrespectful and react negatively or with avoidance.

This situation has become increasingly present following Ms A avowed disapproval of X's relationship with her boyfriend, D. [ 8 ] The adolescent admits that in August 2011, she was the victim of physical abuse following an altercation between herself and her boyfriend D. D threw a bottle at her, leaving numerous shards of glass in her legs (around 50). She also had marks on her lip and leg. Both recognize the event, but are unwilling to detail the exact circumstances.

They state that there have been no further incidents of violence, and that they want to maintain their relationship, which they qualify, as being presently positive. [ 9 ] In spring 2011, the adolescent's behaviors degenerate in her school setting. She is irregular in her attendance, is disruptive in class and has numerous suspensions. Drug consumption is also noted by the school authorities (pièce D-5). X has since changed schools and states a new resolve to succeed. [ 10 ] The adolescent has unresolved drug issues for which she twice commenced a follow-up with [center A].

Neither was completed by the adolescent. Since the end of her placement, she participates in a therapy at the A Pavillion, as well as collaborating with her educator and the Y.C.J.A. youth delegate supervision. [ 11 ] X is emotionally fragile and her moods erratic.

She was recently diagnosed with ADHD, but doesn't to take her medication. [ 12 ] The adolescent's collaboration to the services offered has been unreliable in the past and further, her discretion as to the issues affecting her security and development, raise reasonable concerns as to her ability to recognize her vulnerabilities and avoid situations which may put her in danger. [ 13 ] The adolescent's situation has recently stabilized, but overall, remains precarious.

The intervention will ensure the counsel and assistance necessary to maintain the positive progression towards X reaching her full potential. [ 14 ] The Court determines that the security and the development of the adolescent are compromised in reason of physical abuse and serious behavioural disturbances. The measures proposed by the Director of Youth Protection are appropriate and in her best interests. [ 15 ] For those reasons, the Court: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the adolescent X, are in danger; [ 18 ] ORDERS that X be entrusted to her grandmother, Ms.

C; [ 19 ] ORDERS that a person working for an establishment or body provides aid, counsel or assistance to the youth and her family; [ 20 ] TAKES ACT that the Director will offer aid, counsel and assistance to Ms. A; [ 21 ] ORDER that X undertake an active

part in the application of the measures designed to put an end to the situation in which her security or development is in danger; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Le Centre jeunesse A for the execution of the measures;

[ 23 ] ALL the measures for a period of nine (9) months. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Caterine Caron Attorney for the Petitioner Me Johanne Leduc Attorney for the child Date of hearing: February 17, 2012