2020 QCCQ 8224, 2020 QCCQ 8224

Protection de la jeunesse — 202135 2020 QCCQ 8224 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 001014-205 DATE: January 30, 2020 ______________________________________________________________________ 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 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 January 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as she exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent be entrusted to her grandparents’ care and that diverse support measures be ordered until her age of majority ([...], 2020). [ 4 ] The father is absent but was duly notified. [ 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 exhibits serious behavioural difficulties (consuming cannabis on a daily basis since 2016, consuming alcohol (beer and vodka) about one to four times per month, having suicidal thoughts since 2016). The adolescent reported being scared of what she can do while she is intoxicated. [ 8 ] When speaking to the Youth Protection worker, the adolescent recognized that her relationship with C was toxic.

She disclosed that she had been physically abused by her boyfriend. She reported that he pushed or punched her on two to three occasions. She also mentioned that she can be physically aggressive towards him. [ 9 ] On July 17, 2019, the police had to intervene following a dispute between the adolescent and her boyfriend, Mr. C. She

mentions that she wants to die. She also mentions to the social worker that she gets abused by her boyfriend and that she is scared of him. [ 10 ] On August 18, 2019, the adolescent had a fight with her boyfriend, C. They were both intoxicated. The adolescent then tried to hang herself. She had to be hospitalized.

At the time, the adolescent reported being in an abusive relationship with her boyfriend. [ 11 ] On September 24, 2019, as the adolescent was again intoxicated with alcohol and cannabis, she wrote on Facebook that she wanted to end her life as her boyfriend was detained. [ 12 ] On October 4, 2019, the adolescent and her boyfriend had a fight. At the time, both of them had drank alcohol. The incident resulted in Mr. C punching her in the face, causing her to have a black eye.

The adolescent mentioned that following this incident, she had suicidal thoughts. [ 13 ] On October 5, 2019, the police had to intervene as the adolescent posted on social media that she would kill herself. [ 14 ] On October 18, 2019, in order to provide the adolescent with some distance from Mr. C, the parties agreed for her to move with her grandparents in Town A. Unfortunately, the adolescent’s aunt was killed.

On October 22, 2019, the adolescent returned to her parents’ home in Town B. [ 15 ] On November 20, 2019, Social Services had to intervene as the adolescent presented with suicidal ideations and she was intoxicated. [ 16 ] The adolescent remains ambivalent regarding her relationship with Mr. C. She spends a lot of time at his place. [ 17 ] The parents are overwhelmed with the situation and unable to provide proper structure to their daughter. They worry about the adolescent and love her. This is the reason why they agree for their daughter to go live with her grandparents.

They agree to receive support from the Director to help stabilize their daughter’s situation and actively collaborate with the Youth Protection worker. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 20 ] ORDERS that the adolescent be entrusted with her grandparents, Mrs. D and Mr. E; [ 21 ] ORDERS that the adolescent and the parents take an active

part in the application of any of the measures ordered; [ 22 ] ORDERS that the adolescent and the parents report in person at regular intervals to the Director to inform him of the current situation; [ 23 ] RECOMMENDS that the adolescent be assessed by a psychologist and that she follows the recommendations; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 25 ] THE WHOLE until August 1, 2020; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Angele Tommasel Counsel for the adolescent Mtre Nada Boumeftah Counsel for the mother Date of hearing: January 30, 2020