2018 QCCQ 13735, 2018 QCCQ 13735

Protection de la jeunesse — 184303 2018 QCCQ 13735 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 525-41-033793-183 DATE : June 12, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 adolescent and A mother ______________________________________________________________________ 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 June 12, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances; that she is subject to psychological ill-treatment and to unreasonable methods of upbringing. [ 3 ] On April 5, 2018, the Tribunal ordered the compulsory foster care of the adolescent in a foster family. [ 4 ] Today, the Director recommends that the adolescent be returned to her mother’s care and that support measures be ordered for a period of nine months. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The adolescent’s putative father, Mr. B, lives in Province A. The adolescent maintains regular telephone contacts with him. [ 8 ] The adolescent does not respect her mother’s rules.

She does not keep her aware of her whereabouts and does not respect her curfew. [ 9 ] On December 2, 2017, the adolescent ran away from home and was found in a boy’s home. [ 10 ] The mother believes that the adolescent is stealing and that she has begun experimenting with drugs. [ 11 ] The mother regularly denigrates the adolescent.

[ 12 ] On March 31, 2018, as the adolescent came home late, the mother hit her on the buttocks with a belt. [ 13 ] The adolescent reported to the youth protection worker that, in the past year, on average once per two months, the mother has hit her with a belt and with an open hand. [ 14 ] The adolescent reported having suicidal ideations, stating that she had no specific plans. [ 15 ] The mother acknowledges having slapped the adolescent, hitting her with a belt on two occasions and calling her derogatory names. She reported feeling overwhelmed and that she ultimately resorted to this kind of discipline.

The mother reports being open to receive counsel in order to address this situation. [ 16 ] On April 3, 2018, the adolescent was placed, by consent, on a provisional basis in a foster family. [ 17 ] On April 5, 2018, the Tribunal ordered the compulsory foster care of the adolescent in a foster family. [ 18 ] The adolescent integrated well in the foster family. She has been respecting the foster family’s rules and expectations. [ 19 ] In May 2018, the family started working with a Homeward Bound Educator, Ms.

C. [ 20 ] The communication between mother and daughter has improved. [ 21 ] As the mother and the adolescent both recognize the need to work on their respective issues, a reintegration of the adolescent to her family’s environment appears possible. The Director’s support is necessary at this point to ensure a positive return. THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security or the development of the adolescent is endangered (sections e) 1 o ,

c) and

f) of the Youth Protection Act ); [ 24 ] ORDERS that the adolescent be entrusted into the care of her mother; [ 25 ] ORDERS the mother to refrain from subjecting the adolescent to any form of psychological or physical maltreatment; [ 26 ] ORDERS that the adolescent cooperate with the Director of Youth Protection and follow through with any recommendations made by the involved professionals; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family, including services of an educator; [ 28 ] THE WHOLE until November 30, 2018; [ 29 ] 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 June 21, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the adolescent Dates of hearing: May 31 and June 12, 2018