2017 QCCQ 5114, 2017 QCCQ 5114

Protection de la jeunesse — 172304 2017 QCCQ 5114 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-032114-175 DATE : March 3, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 March 3, 2017.

Introduction [ 2 ] The Director of Youth Protection (the Director) alleges that the child exhibits serious behavioural disturbances (consuming marijuana, self-harming behaviours, not respecting her mother’s authority, verbal and physical aggression against her mother, running away, having suicidal ideations). [ 3 ] The Director also alleges that the child is subject to psychological ill-treatment as the child is exposed to the conflictual dynamics with her mother. [ 4 ] On January 19, 2017, following a family crisis, immediate protective measures were invoked and the child was placed in a rehabilitation centre. [ 5 ] On January 23, 2017, the Tribunal entrusted the child to the mother’s care at the condition that they both reside in the Native Women Shelter. [ 6 ] The father resides in City A and is minimally involved with the child. [ 7 ] Today the Director recommends that the child remain entrusted to the mother’s care and that support measures be provided to the family for a period of nine months. [ 8 ] All members of the family are in agreement with the proposed plan.

Question in litigation [ 9 ] Are the proposed measures respecting the child’s best interest and her rights? Context and Analysis [ 10 ] The child and the mother confirm that there have been verbal and physical altercations between themselves. This had a direct psychological effect on the child. The child confirms that prior to the summer 2016, she has been self-harming on three occasions. This

behaviour resurfaced in December 2016 and January 2017. The child is also transparent regarding her marijuana consumption and her suicidal ideations. [ 11 ] The child also reports that, over the past few months, her mother consumed alcohol one to two times per week (mostly beer). This information is confirmed by the mother. She does not feel this is an issue and voiced that she planned to stop this use of alcohol now that the family situation had stabilized.

The mother can count on the support from the Native Women’s Shelter to address this issue. [ 12 ] The mother appears motivated to work, with the youth protection worker and other organizations, on the issues that destabilized her family. [ 13 ] The child is doing well in school (academically and socially). [ 14 ] On November 29, 2016, a provisional agreement was signed and the child was entrusted to a foster family. [ 15 ] On December 7, 2017, it was agreed that the child would be reunited with her mother. [ 16 ] In January 2017, the family’s situation remained tense and it was agreed that the services of an educator would be provided to the family members.

On January 19, 2017, an argument took place which escalated to the point where the child became aggressive and left the home. The mother expressed feeling overwhelmed with the situation. Immediate protective measures were invoked and the child was placed in a rehabilitation centre. [ 17 ] On January 23, 2017, the Tribunal entrusted the child to the mother’s care at the condition that they both reside in the Native Women’s Shelter. [ 18 ] Since their admission in the shelter, the family’s situation has improved. The mother and the child report that they have developed a better communication.

They both receive support from professionals at the shelter and from a Batshaw educator. [ 19 ] On February 4 and 5, a psychological assessment was made regarding the child’s situation. [ 20 ] On February 6, 2017, the child was brought to the Emergency at the Montreal Children’s Hospital and received a diagnosis of Adjustment Disorder with mixed Depression and Anxiety. She will be followed-up at the Adolescent Medical Clinic. [ 21 ] Both the mother and the child report feeling ready to return home and are welcoming the support from helping organizations around them.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security or the development of the child is endangered ( articles 38

f) and

c) of the Youth Protection Act ); [ 24 ] ORDERS that the child be entrusted to the care of her mother; [ 25 ] ORDERS that the child and her mother participate in therapeutic services; [ 26 ] ORDERS that the child refrain from the use of alcohol or drugs; [ 27 ] AUTHORIZES the Director of Youth Protection to receive and exchange information with treating professionals as far as attendance and progress; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 29 ] THE WHOLE for a period of nine months; [ 30 ] 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.

Signed on March 9, 2017 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Adriana Chafoya-Hunter Counsel for the child Mtre Karine Dallaire Counsel for the mother Date of hearing: March 3, 2017