2018 QCCQ 13869, 2018 QCCQ 13869

Protection de la jeunesse — 184270 2018 QCCQ 13869 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-032917-171 DATE : March 2, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 91 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 2, 2018. [ 2 ] On September 15, 2017, the Tribunal declared that the adolescent’s security or her development was compromised as she was subject to psychological ill-treatment. Interim measures were ordered. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to her mother’s care and that support measures be ordered for a period of one year. [ 4 ] The mother and the adolescent are in agreement with the proposed measures.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] Throughout the month of November 2017, the adolescent was progressively reintegrated to her mother’s care. By the first week of December, she was fully reintegrated. [ 7 ] The mother/daughter relationship continues to be strained.

Mother has some difficulties accepting her daughter’s sexual orientation. [ 8 ] The family received support from the youth protection worker and the adolescent met with an educator from the A Program. [ 9 ] The family situation remains fragile and the Director’s intervention is still warranted. [ 10 ] THEREFORE AND FOR THESE REASONS, THE COURT:

[ 11 ] ORDERS that the adolescent remain entrusted to the care of her mother; [ 12 ] ORDERS that the mother ensure that the adolescent is not subjected or exposed to any form of violence in the home environment; [ 13 ] ORDERS that the mother develop and consistently implement age appropriate rules and that the adolescent abide by the established rules and consequences, and respect the parental authority of her mother; [ 14 ] STRONGLY RECOMMENDS that the adolescent continue to participate in extra-curricular activities and seek individual therapeutic services; [ 15 ] STRONGLY RECOMMENDS that the mother seek therapeutic support to address her personal issues as they pertain to the adolescent; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 17 ] THE WHOLE for a period of one year; [ 18 ] 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.

Written and signed on March 12, 2018 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Mtre Maïa Sureau Counsel for the mother Date of hearing: March 2, 2018