2018 QCCQ 13865, 2018 QCCQ 13865

Protection de la jeunesse — 184266 2018 QCCQ 13865 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-032407-173 DATE : May 22, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 22. 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the court order rendered on September 17, 2018. [ 3 ] Today, the Director recommends that the adolescent be entrusted to the parents’ care and that support measures be ordered for a period of one year. [ 4 ] The parents and the adolescent are in agreement with the proposed plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The adolescent had difficulty respecting her mother’s house rules (curfew, chores sharing, respecting bed times and inviting friends without permission). [ 7 ] The adolescent has been frequently late or absent from school. In January 2018, the adolescent reported being victim of bullying in school. [ 8 ] The mother had difficulty adapting her parenting authority to the adolescent’s needs.

No incident of physical discipline was reported to the youth protection worker. [ 9 ] The mother and the adolescent experienced difficulties in communicating with each other (using denigrating comments, yelling).

[ 10 ] At some point, the mother mentioned that if the adolescent was entrusted to the father, “ they would never see her face again ”. [ 11 ] The adolescent maintained regular and positive contacts with her father. [ 12 ] On January 26, 2018, following an argument about school attendance, the adolescent’s sister, Y, was physically aggressive with Z.

Following this, Z and X went to visit with their father and Z refused to return to her mother’s apartment. [ 13 ] On February 2, 2018, the Tribunal entrusted both adolescents to the father’s care on a provisional basis. [ 14 ] Since then, the father and both adolescents report that the girls are doing well at the father’s residence. This is a peaceful environment.

They report that the mother is calling several times per day to complaint about the situation. [ 15 ] On May 4, 2018, the youth protection worker was informed that, contrary to the February 2, 2018 court order, both adolescents have been residing with the mother. The mother, the father and both adolescents do not share the same version as to the amount of time spent with each parent. [ 16 ] The adolescent also maintained contact with her older sister Y.

Considering that only one altercation between Y and Z was reported, the Tribunal considers that this does not endanger the adolescent’s security or development. [ 17 ] The youth protection worker reports that “given the constant dishonesty within the family and the truth still in question, it seems as though the best option is to try a shared custody arrangement .” THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision; [ 19 ] DECLARES that the security or the development of the adolescent is still in danger; [ 20 ] REVISES the order rendered on September 18, 2017; [ 21 ] ENTRUSTS the adolescent to the care of her parents; [ 22 ] TAKES JUDICIAL NOTICE that the visitation

schedule will be discussed by the parties and determined by the Director of Youth Protection; [ 23 ] ORDERS that the mother follow recommendations of the psychological report dated January 31, 2017; [ 24 ] STRONGLY RECOMMENDS that the mother participate in counselling services to learn effective and alternative ways of parenting; [ 25 ] ORDERS the mother to refrain from denigration and verbal intimidation towards her daughters; [ 26 ] RECOMMENDS that the parents and the adolescent follow recommendations of the neuro-psychological assessment; [ 27 ] ORDERS that the adolescent respect parental authority and follow the house rules; [ 28 ] ORDERS the adolescent to attend school daily and on time unless justified by a medical note; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 30 ] THE WHOLE for a period of one year; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 4, 2018 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Mathieu Farazandeh Counsel for the adolescent Mtre Précilia Hijazi Counsel for the mother Mtre Josselin Breton Counsel for the father Date of hearing: May 22, 2018