2019 QCCQ 14139, 2019 QCCQ 14139

Protection de la jeunesse — 194363 2019 QCCQ 14139 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-032407-173 DATE : May 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT CLOSURE OF THE FILE ______________________________________________________________________ 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 27, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered on May 22, 2018. [ 3 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre and that support measures be ordered for a period of one year. [ 4 ] The father is absent but was duly notified. [ 5 ] The mother and the adolescent are of the opinion that the file should be closed.

Questions in litigation [ 6 ] Is the adolescent’s security or development still endangered? [ 7 ] If so, are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The adolescent has been residing mostly with her mother. The mother has continued to present difficulties understanding the adolescent’s developmental needs. The adolescent is often put at the centre of the parents’ conflict, including their financial difficulties.

The home environment continues to lack structure. [ 9 ] The mother has refused to receive counselling services in order to work on her parenting issues. She blames the Director and the father for the difficulties in the family. [ 10 ] In October 2018, the adolescent reported that her sister Y and her brother Z were acting as if they were the adolescent’s parents.

The adolescent reported suffering from panic attacks. A family meeting was planned for October 31, 2018 in order to address this issue. The meeting was cancelled by the parents and was finally rescheduled for December 19, 2018. [ 11 ] In January 2019, C accepted services from the CLSC to work on her anxiety and anger management while X refused this service. [ 12 ] On April 16, 2019, an educator started working with the family members. [ 13 ] The adolescent has often been late or absent from school without justification.

The mother reports to the school that she has difficulty getting the adolescent up in the morning. The mother reported that this situation is the father’s fault as he and his new wife are doing “black magic” on the girls. The adolescent is failing most of her classes. Despite support offered, the adolescent’s academic situation remains problematic. An alternative school will have to be looked into for the next school year. [ 14 ] On April 25, 2019, the adolescent presented herself to school with her luggage.

She mentioned to the Youth Protection worker that she was pregnant but that her parents were not informed of that fact. She asked her father if she could stay with him on a temporary basis, but did not disclose why she wanted this. The father refused her request and immediate protective measures were invoked. The adolescent was placed in a foster family.

With the adolescent’s permission, the Youth Protection worker informed the mother of X’s pregnancy. [ 15 ] On April 26, 2019, the Tribunal followed the Director’s amended recommendations and entrusted X to her mother’s care, taking judicial notice that nobody will put pressure on the adolescent regarding her pregnancy. [ 16 ] On May 7, 2019, the Youth Protection worker was informed that X had an abortion on that day. Until the hearing, the Youth Protection worker was unable to reach X.

She confirmed not being pressured to go through with the abortion. [ 17 ] The mother’s collaboration to the proposed social follow up has been minimal. [ 18 ] Since the last Court order, there was no indication that the mother would have used threats or unreasonable means of discipline with her daughter. This rationale for compromission has been treated. [ 19 ] As the father is less present in the situation, the adolescent was not exposed to episodes of conjugal violence between her parents. The adolescent is also more mature and less vulnerable.

This rationale for compromission was also treated. [ 20 ] Even if the Tribunal was to conclude that the mother was neglectful in her obligation to ensure that the adolescent attend school on a regular basis, this obligation will end in June 2019 as the adolescent turned 16 on […], 2019. Following this school year, it will be for the adolescent and her parents to decide if she should pursue her schooling.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] DISMISSES the application for extension; [ 22 ] DECLARES that the security or the development of the adolescent is not endangered; [ 23 ] ORDERS that the file be closed. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on June 4, 2019 /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 Date of hearing: May 27, 2019