2016 QCCQ 4932, 2016 QCCQ 4932

Protection de la jeunesse — 162976 2016 QCCQ 4932 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-030434-153 DATE : January 14, 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: A Born [...], 1999 Director of Youth Protection A Applicant A Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to declare the security and development of the adolescent A endangered as a result of negligence based on mother’s lack of support and supervision. [ 2 ] Consequently, the Director is asking that the adolescent be entrusted to his maternal aunt with other corrective measures for a period of one year. [ 3 ] The adolescent admits the state of endangerment and consents to the Director’s proposal. [ 4 ] The mother is absent.

The Context [ 5 ] The adolescent spent the first seven years of his life in the care of his grandmother in Town A, after which he joined his mother in Town B. He has a seven year old sister. [ 6 ] The family has received youth protection services in the past, specifically from September 2011 to 2012, stemming from a situation of conjugal violence by the mother’s former partner. At that time, the mother took appropriate steps to ensure the safety of her children and cooperated well with social services. The file was subsequently closed.

The state of Endangerment [ 7 ] The evidence reveals the following situation: [ 8 ] On October 1, 2015, the Director received a signalement alleging that the adolescent had left home following a conflict with his mother. [ 9 ] The investigation that followed revealed that mother and son disagree on numerous subjects ranging from curfew to house chores. Consequently, tensions run high and conflicts are frequent. [ 10 ] One such conflict led to the adolescent punching a hole in the wall.

Mother responded by inviting the adolescent to leave the house and he complied. [ 11 ] At the start of the Director’s intervention, the youth had been residing at a friend’s home for some time. The mother had not taken any steps to contact her son or ensure his wellbeing since his departure approximately two weeks earlier.

[ 12 ] On October 23, 2015, a provisional 30 day agreement was signed entrusting the adolescent to his aunt. During this period of time, services were to be put in place in conjunction with the A Club as well as the local CLSC. [ 13 ] On November 9, 2015, the mother asked to rescind the agreement, insisting that her son return home despite the fact that the original issues remained unresolved. The adolescent refused to consider the possibility.

From the start of the Director’s involvement, he had in fact expressed distress at the idea of returning home, going so far as to threaten to kill himself. [ 14 ] On November 11, 2015, the Director requested and obtained a provisional order entrusting the adolescent to his aunt. [ 15 ] Since then, the youth protection worker has been unable to reach the mother despite repeated attempts. [ 16 ] For the most part, the aunt and the adolescent have had no contact from the mother. At the hearing, the aunt explains that she recently succeeded in speaking to the mother over the phone.

The purpose of the call was to wish her a happy birthday. The conversation was brief and there was no reference to the current situation. [ 17 ] In the aunt’s opinion, the provisional agreement caused tension in the family and partly explains mother’s sudden lack of communication. She suspects that the mother feels left out. [ 18 ] Recently, with the aunt’s encouragement, the adolescent has attempted to reach out to his mother.

Although he has not yet succeeded, he maintains the hope that he can restore the lines of communication. [ 19 ] Given the circumstances, the Court concludes that the evidence reveals a state of endangerment for the reasons invoked by the Director. The Measures [ 20 ] The parties agree that the adolescent should continue to reside with his aunt for the coming year. [ 21 ] Although the youth protection worker expects to work towards an eventual return home, the adolescent intends to concentrate his efforts towards independent living. [ 22 ] Clearly, a return home at this time is impossible.

The relationship between the mother and her son requires intervention, beginning foremost with communication, before any long term decision can be taken. [ 23 ] In this context, the proposal by the Director is in the adolescent’s best interest. [ 24 ] FOR THESE REASONS, THE COURT : [ 25 ] GRANTS the motion; [ 26 ] DECLARES that the security and the development of the adolescent are endangered as a result of negligence by failing to provide appropriate supervision and support; [ 27 ] ENTRUSTS the adolescent to the care of his maternal aunt Sudel A and TAKES JUDICIAL NOTICE that Ms.

A is in the process of being evaluated as a foster family; [ 28 ] Given the absence of the mother and the inability to reach her, AUTHORIZES the DYP to sign consents regarding medical, schooling and therapeutic services for the adolescent if the mother cannot be reached within 48 hours; [ 29 ] ORDERS that Ms. A take an active

part in the application of any of the measures recommended by the youth worker; [ 30 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 31 ] ENTRUSTS the situation of the adolescent, A, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] THE WHOLE for a period of one year. SIGNED IN TOWN A On February 4, 2016 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P.

Me Sylvie Piriou Attorney for the child Date of hearing: January 14, 2016