2018 QCCQ 19959, 2018 QCCQ 19959

Protection de la jeunesse — 1811227 2018 QCCQ 19959 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005399-178 DATE: October 12, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2005 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A Parent ______________________________________________________________________ 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 ] On June 22, 2018, the Court revises and extends protective measures as to the adolescent X in relation to a situation of psychological ill-treatment (family conflict).

As well as entrusting her to her mother’s care, the Court applies various measures of aid and counsel for six months. [ 2 ] Alleging a significant degeneration of the family dynamic, constituting a situation of educational neglect, the Director of Youth Protection applies for the revision of the measures, including that the adolescent reside with her aunt and uncle with structured contacts with her mother. [ 3 ] While leaving to the Court the appreciation of the issue of endangerment, the adolescent and her mother both subscribe to the Director’s proposed orientation. [ 4 ] Analysis and decision [ 5 ] Since the last order, the adolescent resides with her mother and siblings. [ 6 ] The relationship is sometimes strained between X and her mother.

The adolescent is seen to adopt strategies to avoid conflicts. [ 7 ] As of August 2, 2018, the adolescent attends counselling services with a mental health counsellor. [ 8 ] The mother is inconsistent as to her collaboration with the various services in place, although she declares remaining invested in such. [ 9 ] An altercation occurs between the adolescent and her mother on September 12. The police intervene and the adolescent reports having been assaulted by her mother.

Although both X and her mother recognize the conflict, they offer diverging accounts of the facts, each attributing blame on the other. [ 10 ] The mother states that her daughter is rebellious and disrespectful. She admits to having recourse to various inappropriate methods to discipline her (throwing water in the face, pulling on her legs, yelling, etc.).

X adds that physical discipline is regular and that her mother is often angry at her. [ 11 ] After this incident, X refuses to return home. [ 12 ] On September 13, 2018, the Court intervenes on a provisional basis, entrusting the adolescent to her aunt and uncle while

providing contacts with her mother occur under supervision. [ 13 ] Since she resides with her uncle and aunt, she finds a balance as to her behaviours. Contacts between X and her mother have yet to resume as tensions are still present. The mother states not wanting to force her daughter. The Director will accompany them in reestablishing their relationship. [ 14 ] The adolescent has been dealing with a complex and oftentimes violent family dynamic for many years. The relationship between her mother and Mr.

C was punctuated by conjugal violence and dependency issues, to which X was witness and was the one to finally denounce. [ 15 ] Although Mr. C is no longer part of the family unit, the dynamic remains fragile and services required to rehabilitate such. [ 16 ] Furthermore, the evidence demonstrates that the mother struggles with applying adequate structure to her daughter and this, within their fragile dynamic, results in the tensions which remain between them. [ 17 ] X requires a stable and serene environment in order to continue to develop in an age-appropriate way.

Such is not case with her mother at the present time, the recurring conflicts reflecting the complexities of the family dynamic which are still affecting the adolescent as well as her mother. [ 18 ] After considering the evidence, the Court endorses the Director’s evaluation as well as the suggested corrective measures. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the adolescent are still in danger; [ 22 ] DECLARES that the security and the development of the adolescent are also in danger in reason of educational neglect; [ 23 ] REVISES the Court order rendered on June 22, 2018; [ 24 ] ENTRUSTS the adolescent to her uncle D and aunt E; [ 25 ] ORDERS that the contacts between the adolescent and her mother be following mutual agreement between the parties and following her wishes, in the presence of a third party chosen by the Director of Youth Protection; [ 26 ] AUTHORIZES the parties of total lifting of the supervision of the contacts between the adolescent and her mother following agreement between the parties; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 28 ] ORDERS that the mother and the child participate actively to the measures ordered; [ 29 ] RECOMMENDS that the mother participate in a parental capacity assessment; [ 30 ] ALL THESE MEASURES for 6 months; [ 31 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne Catherine Bujold Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 12, 2018