2019 QCCQ 12039, 2019 QCCQ 12039

Protection de la jeunesse — 192314 2019 QCCQ 12039 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005850-188 DATE: February 12, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B, deceased 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 ] Alleging neglect and a conflictual family dynamic, the Director of Youth Protection applies for various measures of protection in regards to the adolescent X, including her placement in foster care until the end of the year. [ 2 ] The adolescent and her mother subscribe to the Director’s evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] When the Director initially intervenes in the adolescent’s situation, she resides with her mother, step-father and siblings. [ 5 ] X is exposed to regular conflicts in her household.

During these, her mother and step-father can react inadequately, cursing and screaming at her as well as throwing objects. [ 6 ] Her mother has ongoing difficulties providing guidance, rules and coherent structure. When overwhelmed by her daughter’s behaviours, she can choose to not intervene to avoid conflict. She also admits to regularly relegating the role of authority to her spouse, which causes further strife. [ 7 ] X’s school motivation and attendance fluctuates.

She can openly oppose authority, especially when applied by her step-father. [ 8 ] On March 8, 2018, the parties sign an agreement for the application of various voluntary measures for nine months, while maintaining X in her maternal environment.

Namely, they agree to the following measures: • The mother and her spouse address their conjugal issues; • X not be exposed to any conjugal conflicts; • X benefit from a structured environment, with rules applied in a constant and coherent manner; • All work towards improving family communication; • X receive services to address her personal difficulties; • X attend school assiduously;

[ 9 ] Shortly after the signature of this agreement, X’s father passes away. [ 10 ] There is only mitigated cooperation as to the follow-up. It takes about three months for the caseworker to be able to

schedule a meeting with X and her mother. [ 11 ] Despite a follow-up being eventually set in place, the adolescent’s situation continues to be problematic. Mistrust and conflicts intensify. X fails her last school year and in the current year, absenteeism is still an issue. Her mother states having tried to encourage her daughter to succeed in school, but to having given up before her refusal to comply. [ 12 ] On a regular basis, both X and her mother declare being overwhelmed by the situation and the tensions between them.

They can ask for placement. [ 13 ] X’s mental and physical state deteriorate (feels depressed, tired). She states that the fights between her mother and step-father are still present. She feels caught between them. [ 14 ] Although both X and her mother wish to improve their relationship and the family dynamic, the ongoing tensions and lack of sustained cooperation, limit the possibilities of such, as demonstrates the last months.

As such, in order to successfully pursue the rehabilitation process and allow X to immediately benefit from a structured and coherent environment, her placement in a substitute environment is dictated. [ 15 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection ; [ 18 ] DECLARES that the security and the development of the adolescent are in danger in reasons of: • educational neglect (article 38b)1)iii) Youth Protection Act ); • psychological ill-treatment (article 38c) Youth Protection Act ); [ 19 ] ENTRUSTS the adolescent to her mother until February 14, 2019; [ 20 ] ENTRUSTS the adolescent to a foster family chosen by the Director of Youth Protection A from February 14 to December 20, 2019; [ 21 ] ORDERS that the adolescent and her mother report every two weeks to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which her security or development are in danger; [ 22 ] ORDERS that the adolescent and her mother take an active

part in the application of the measures; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 24 ] ALL THESE MEASURES , save for the placement, for one year; [ 25 ] ENTRUSTS the situation to the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: February 12, 2019