2021 QCCQ 9215, 2021 QCCQ 9215

Protection de la jeunesse — 215342 2021 QCCQ 9215 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 105-41-000552-217 DATE : August, 2 nd , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2007 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - B Mother - and - C (Deceased) Father JUDGMENT ON APPLICATION FOR PROTECTION 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 ] The Director of Youth Protection (DYP) seizes the Court of the situation of X, who is 14 years old, alleging that her security and development are compromised due to psychological ill-treatment and educational neglect. The DYP asks that the child be entrusted to a foster family. [ 2 ] The child, through her lawyer, recognizes the situation.

She would have liked to be entrusted to D, her mother’s ex-spouse, but she agrees with the measures submitted by the DYP. [ 3 ] The mother disagrees with the things reported by her daughter, saying she is a rebelling child. She says she cannot force her daughter to live with her and she wants her to get all the help she needs. FAMILY SITUATION [ 4 ] The father’s child died when she was 2 years old. Her mother had a relation with D until October 2020, when they separated. Three (3) children are born from that relation: Y, 7 years old, Z, 5 years old and A, 2 years old.

Y lives with her mother and the parents are fighting the boy’s custody. [ 5 ] The child lived at her grandmother’s from October 2020 until May 2021, when she was entrusted to D for 6 days, according to immediate protectives measures, after which she was entrusted to a foster family. ENDANGER [ 6 ] Even if the mother says her daughter is lying, it is clear to the Court that the child had to babysit her siblings even late at night. The mother only acknowledges one time when she came in at 6 am and argues that there was a curfew and she never got arrested.

It is not because she was not arrested during the curfew that the Court cannot believe X. Furthermore, the curfew ordered in the province of Quebec was for a specific period. It took place from January until May. The mother says 2 different things. She says to the Court that she drove home after work and she said to the social worker that she could have driven around for an hour or so before coming back home.

If she came home at 11 or 12 o’clock at night, it was later that the curfew imposed by the authorities anyway, and too late considering that her daughter was babysitting and she went back at her grandmother’s afterwards. The child’s reaction when her mother was testifying

meant a lot, her gestures showed that she did not agree and the Court understands she did come home late at night. [ 7 ] If the child only wanted to live with D and said things to be able to live with him, she would have contested the application but she did not. What does she have to gain by saying what happens at home? She just wants to be in a safe place and live a normal teenager’s life. As she says, she cannot take it anymore. [ 8 ] X also discloses physical abuse and threats by her mother. The way the mother behaved during the meeting with the social worker makes it easy to believe for the Court.

She interrupted her daughter, she imitated her when she gave her attitude, she did not respect the rules settled such as to let the other persons speak without interrupting and to keep the voice at a normal volume. X reports that her mother went to school to get her phone after she texted her, accusing her of being abusive, or hurting her. Why would the mother take her daughter’s phone?

Doing that she makes sure that X cannot show the text messages of the threats to anyone. [ 9 ] The child misses school regularly, almost one day each week. [ 10 ] The relationship between the mother and her daughter is highly conflictual and the child takes her mother’s place with her siblings. [ 11 ] The Court declares that the child’s security and development are endangered according to sections 38

c) and 38 b) 1 iii of the Youth Protection Act. MEASURES [ 12 ] The child needs to stay in a neutral environment. It is the only way her communication with her mother can improve if she is in fact manipulated by D. [ 13 ] The mother has to settle the conflicts she has with D so she can focus on her relation with her daughter. She also has to think again about the way she behaves with her daughter. She has to hear what her daughter has to say, she has to let her time to express herself and open her mind to what she says. [ 14 ] X does not have to be a part of the fight between her mother and D.

She has a significant relationship with Mr. D, she considers him as her father, but it seems he cannot take good care of her. Furthermore, he broke the rear windshield of the mother’s car in April 2021, when she was leaving after a fight they had. [ 15 ] The mother and her daughter both need time to work on their relationship.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are in danger; [ 18 ] ORDERS that the child be entrusted to a foster family designated by the Director of Youth Protection; [ 19 ] ORDERS that contacts between the child and her mother be determined following an agreement between the parties; [ 20 ] ORDERS that contacts between the child and D be determined following an agreement between the parties; [ 21 ] ORDERS that the mother reports to the Director on the measures she applies to put an end to the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the mother and the child receive external education services as long as the DYP requires it; [ 23 ] RECOMMENDS that the mother submits herself to random drug screening tests; [ 24 ] FORBIDS the mother from exposing the child to any form of violence; [ 25 ] ORDERS to the mother and child to actively participate in the measures ordered to put an end to the situation of endangerment; [ 26 ] ORDERS that a social worker working for DYP provides aid, counsel and assistance to the child and her family; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection for the carrying out of the present measures, until February, 28, 2022.

Signed on August, 24 th , 2021 ANDRÉE ST-PIERRE, J.C.Q.

Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Jules Grenier grenier, grenier et grenier Lawyer for the child Mother, personally Hearing dates: August, 2 nd , 2021