2014 QCCQ 16111, 2014 QCCQ 16111

Protection de la jeunesse — 144110 2014 QCCQ 16111 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027925-130 Date: June 17, 2014 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 17, 2014, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of an adolescent is in danger in the case of X , a fifteen year-old adolescent, based on the psychological ill-treatment and unreasonable methods of upbringing to which she is exposed by her father . [ 3 ] The facts alleged in support of the motion dated December 11, 2013 are as follows: 3.1. as relevant background information, the parents are separated and the father has legal custody of the adolescent; 3.2. the mother has an unstable lifestyle and she consumes drugs including cocaine; 3.3. the adolescent has severe diabetes and the father has not been accompanying her to her medical appointments, nor following up on her medical needs; 3.4. it is the father's ex-girlfriend, Ms.

C, who has been paying for the adolescent's medical supplies; 3.5. the adolescent reports that the father is verbally aggressive, denigrating and rejecting towards her; 3.6. the father admits that he has used rejecting comments towards the adolescent and that he has threatened to physically harm her, but he denies that he uses derogatory names towards her; 3.7. the adolescent also reports that the father is physically aggressive with her; 3.8. the adolescent reports that the father has hit her with a belt on several occasions when she was younger and that the last time he hit her with a belt was in August 2012; 3.9. the adolescent reports that the father punched her in May 2013 and June 2013;

3.10. the father denies that he has been physically abusive with the adolescent; 3.11. the adolescent has been residing with the father's ex-girlfriend, Ms. C since the last incident of physical abuse of June 2013, with the agreement of the parents; 3.12. on December 6 th , 2013, Ms.

C was no longer approved to have the adolescent entrusted to her as she consumes drugs including cocaine on occasions; 3.13. neither parent are in a position to have the adolescent in their care at this point in time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a foster home with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, ignored most of the facts alleged in support of the motion as they relate to her daughter's relationship with her father.

Moreover, she denied allegations of her substance abuse, stating that she has been sober for the last three years. She nonetheless agreed that the adolescent's security and development are compromised, admitted that she is not in a position to have her daughter in her care and consented to the proposed measures. [ 6 ] The father, assisted by Me Bouchard, admitted that the adolescent's security and development are compromised for the reasons alleged. Although he denied some of the specific allegations against him, he chose not contest the motion or to adduce any evidence.

Moreover, he consented to all the measures recommended by the Director of Youth Protection. [ 7 ] The adolescent, assisted by Me Doherty, admitted most of the alleged facts and consented to all the proposed measures. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Letter from B, dated December 12, 2013; D-2: Adolescent's Birth Certificate; D-3: Court Report, prepared by [Social Worker 1], dated January 9, 2014; D-4: Addendum, written by [Social Worker 1], on June 10, 2014. [ 9 ] In

summary, the parties admit that the adolescent's security and development are compromised for the reasons alleged by the Director of Youth Protection. [ 10 ] Although the father specifically denied punching his daughter as alleged, he conceded through his counsel that his past behaviour towards his daughter was perceived as rejecting and denigrating. [ 11 ] He chose not to contest the motion nor to adduce any evidence. [ 12 ] Consequently, the uncontradicted evidence, as summarized in the report, is as follows: This evaluation has determined that there is enough evidence to substantiate that the facts are founded.

In relation to the allegations of physical abuse by Mr. B, facts gathered suggest that Mr. B has used physically abusive methods towards his daughter X. She was consistent in reporting incidents in which her father used physical means, with no variation, as she repeated the accounts of the events. She was also able to provide details surrounding the frequency and severity of the alleged acts and a visible impact was noted. X is a 14 year old adolescent who has been consistently victimized by peers and family members.

She has been repeatedly exposed to neglect on the part of her medical needs, drug and alcohol abuse, conjugal violence, as well as physical, psychological, and verbal abuse. She has suffered grave instability in her life and at this point in time is beyond her years both cognitively and behaviourally. She is also struggling academically which she feels is due to her stressful life situation.

Consequently, she has sought out comfort in a home away from her biological parents which is very concerning [2] (reproduced with errors and/or omissions). [ 13 ] Both parents appear willing and motivated to take steps to redress the situation and the adolescent reports that her relationship with her father is improving and that she appreciates her contacts with her mother. [ 14 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the adolescent, X , are compromised under

section 38

c) and 38 e) 1) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the adolescent be entrusted to a foster home, with a possible reintegration to her father's care in six months, if the situation allows; [ 18 ] ORDERS that contacts between the adolescent and her parents be determined by consent amongst the parties under the general

supervision of the Director of Youth Protection; [ 19 ] TAKES JUDICIAL NOTICE of the adolescent's intent and consent to benefit from support services from her school guidance counsellor; [ 20 ] ORDERS that the adolescent continue receiving therapeutic support; [ 21 ] ORDERS that the adolescent receive all health care services required by her condition, more particularly to treat and monitor her diabetes; [ 22 ] RECOMMENDS that the father engage with community support services to improve his parenting skills; [ 23 ] RECOMMENDS that the mother continue to receive services to stabilize her situation; [ 24 ] ORDERS that a person working for [centre A] provide aid, counsel and assistance to the adolescent and her family; [ 25 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 27 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Karine Doherty Attorney for the adolescent Me Daniel Bouchard Attorney for the father TD/vl