2012 QCCQ 13764, 2012 QCCQ 13764

Protection de la jeunesse — 125849 2012 QCCQ 13764 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004264-126 DATE: August 6, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : [...], 1998 Youth DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents of the youth ______________________________________________________________________ JUDGMENT

______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] A motion for protection is submitted to the Court concerning the youth, X , born on [...], 1998. [ 2 ] The Director of Youth Protection alleges that the security and the development of the youth are in danger in reason of a situation of physical abuse (unreasonable methods of upbringing by the mother), psychological ill treatment and a serious risk of physical abuse, the whole as detailed more amply in paragraph 3 of the motion. [ 3 ] As measures, the Petitioner asks to maintain the youth in her parental environment, with aid and support for one year.

Additionally, the Petitioner seeks an order authorizing the adolescent to integrate a rehabilitation center for a period of 48 hours per two weeks, upon her request. [ 4 ] The admissions of the parties as to the motion are noted in the Court record. Save the periodical integration in a rehabilitation center, the parties are in agreement with the measures proposed. [ 5 ] The Director of Youth Protection initially evaluates the situation of the adolescent in early 2010. [ 6 ] The adolescent resides with her parents.

The mother assumes the larger part of her daughter's upbringing, as the father works as a truck driver, employment which requires his extended absences from home. [ 7 ] Numerous stressors are present in the family environment. [ 8 ] For many years, the parent's relationship is problematic and mutual dissatisfaction is omnipresent. Both parents admit that when disputes occur the adolescent might be present. They both presage the imminent failure of their marriage, yet neither proceeds in this sense.

The persistency of the couple's discord is ingrained in the family dynamic, contributing to its disharmony. [ 9 ] The mother/daughter relationship is fraught with challenges. X exhibits behavioural problems in all spheres of her life, in conjunction with limited intellectual ability and social difficulties (ODD, ADD). The mother is overwhelmed by her role and expresses difficulty in exercising her parental authority, regularly responding to opposition with physical discipline or threats of such. She admits to having anger control issues.

Physical violence can be used to induce discipline (pulling hair, hitting). [ 10 ] The father tends to withdraw from his parental role, citing his absence, and deferring to his spouse. He can also act impulsively and be verbally abusive towards his daughter in moments of frustration. [ 11 ] The educational methods do not significantly improve and this, despite the family being followed by a social worker for over three years. [ 12 ] Voluntary measures intervene in August 2010, in view of offering services to the family towards stabilizing the relationship between the adolescent and her mother.

Notwithstanding the measures put in place, the situation continues to degenerate, particularly as to the adolescent's behaviours. [ 13 ] In November 2011, the adolescent is entrusted to a rehabilitation center. In this environment, she learns some anger control techniques, to respect a routine and take responsibility for her behaviours. The improvement is such that a reintegration in the family home occurs on June 23, 2012. [ 14 ] The Court determines that the adolescent's personal difficulties and limitations cannot be totally overcome and that the family will continue to deal with these on a daily basis.

Her requirements of structure, consistency and a harmonious environment must be met to allow her to progress and develop positively. [ 15 ] The parents are devoted to the well-being of their daughter, but are impeded by their own problems. It is essential that the parents find the means to co-parent their daughter and this, despite the challenges of their relationship issues.

The father has to assume his parental role as to discipline, structure, and this, to not only offer consistency and coherency to his daughter, but also to alleviate the mother, who is subject to being overwhelmed. [ 16 ] The clarification of the parent's conjugal relationship would contribute to their being more emotionally available for X.

In the interim, the adolescent should be kept exempt from parental discord and disputes. [ 17 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence and consequently determines that the security and the development of the youth are compromised for the reasons put forth by the Director of Youth Protection. [ 18 ] Furthermore, the Court determines that the general orientation forwarded by the Director of Youth Protection is appropriate and in the adolescent's best interests. [ 19 ] As to the issue of affording the adolescent the discretion to temporarily integrate the group home, the parents fear that this will impede the efforts to jointly solve issues in the family environment.

As well, there are concerns as to costs. X remits herself to the parent's position.

[ 20 ] The Court is satisfied that all the parties are conscious of the continued fragility of the situation and the possible necessity of having recourse to respite periods.

Resources exist in the family to receive the adolescent (grandparents) and within the context of the other measures of aid; the Court considers that this adequately meets the needs of the adolescent. [ 21 ] FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and development of X are in danger; [ 24 ] ORDERS that the adolescent remain with her parents; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and her parents for a period of one year; [ 26 ] ORDERS that the adolescent and her parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that the services of an educator be provided to the adolescent and her family as soon as possible; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the child Date of hearing: August 6, 2012