2014 QCCQ 7832, 2014 QCCQ 7832

Protection de la jeunesse — 14647 2014 QCCQ 7832 JG2072 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] «Youth Division» N° : 505-41-007509-138 DATE : February 20 th , 2014 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MARIO GERVAIS ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of youth protection of le Centre jeunesse A, Petitioner -and- X, born on [...], 1999 Child-respondent -and- A B Parents-respondent ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act _____________________________________________________________________ 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 11.2.1 and 135 Y.P.A .) [ 1 ] The Director of youth protection, acting through a duly authorized youth protection worker, (the Director) petitions the Court with a Motion for Protection according to

Section 38 of the Youth Protection Act , in the matter of the child X , born on [...], 1999. [ 2 ] In

summary, the Director alleges that the security and development of the child are in danger for the following reasons: ➢ She displays serious behavioural disturbances; ➢ She is subjected to psychological ill-treatment, being in the middle of an intense conflict opposing the parents;

➢ She is neglected, the mother failing to provide the child with the appropriate supervision or support. [ 3 ] The Director mainly recommends that the child be entrusted to a reception center, more particularly a group home, until June 30 th , 2014, with numerous services including a social follow-up. Position of the parties and litigation: [ 4 ] The child admits a situation of neglect and psychological ill-treatment. She disputes displaying serious behavioural disturbances.

She contests her placement and wishes to be entrusted to her father. [ 5 ] The mother admits a situation of neglect and serious behavioural disturbances. She disputes submitting the child to psychological ill-treatment. Her relationship with the father is conflictual, but the mother is of the opinion that she takes the necessary steps to preserve the child. [ 6 ] The father, who has recently re-involved himself in the child’s life, leaves at the discretion of the Court the determination of the motives for which the security and development of the child are in danger. He would like to assume her care.

Description of the situation and analysis [ 7 ] The evidence reveals that the security and development of the child are in danger for the following reasons : ➢ The child displays serious behavioural disturbances She opposes her mother’s authority. She does not abide by her mother rules. She leaves her residence without authorization. She puts herself at risk, hanging out with young adolescents late at night. Since her parents do not communicate, she manipulates and discriminates the information to her own advantage.

For instance, on one occasion, she tricked her father, having him leaving her at her mother’s residence premises only to go out with friends. ➢ The child is subjected to psychological ill-treatment, being in the middle of an intense conflict opposing the parents . The parents have unresolved issues for which the Director has to intervene rather than on a better respond by the parents to their child’s needs. At worst, the parents have mutual hatred and disdain for each other. Also, the father can use information provided by the child to cause distress to the mother.

The child is affected by this situation. ➢ The child is neglected, the mother failing to provide her with the appropriate supervision or support. Although the Court acknowledges the difficulties in coping with a defiant child, the mother’s supervision and support can be inappropriate at times. For instance, there was an incident, last fall, where the mother provided alcohol to the child. [ 8 ] In November 2013, the situation deteriorated to the point that the Director petitioned the Court for a provisory placement of the child.

Since November 20 th , 2013, the child resides in a group home. [ 9 ] Since then, the child has made efforts to improve her behaviour. The evidence reveals that: ➢ She attends school regularly and is doing well; ➢ She abides by the rules of the group home; ➢ She is open to the Director’s intervention; [ 10 ] The child has had extensive access rights to her father’s residence. Again, her behaviour has been satisfactory.

The father cherishes the opportunity to reconnect with the child after a long absence. [ 11 ] Considering all of the above, the Court is of the opinion that the child should be entrusted to her father. She has improved her behaviour significantly and her visits to her father have been positive. The Court also takes into account that a placement in a reception center must be applied as a last resort solution. [ 12 ] Still, on a longer term perspective, the child’s place is at home with her mother and siblings.

Numerous services will be offered to the family in order to reach that goal. [ 13 ] WHEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and the development of the child X are in danger under Sections 38(b)1(iii), 38(

c) and 38(

f) of the Youth protection Act ; [ 16 ] ENTRUSTS the child in the care of her father; [ 17 ] ORDERS that a person working for an establishment or body provide aid, counselling and assistance to the child and her family, which includes that the family participate in the Family Ties program through Batshaw youth and family services, that the parents work with a parenting support worker, family therapy and homeward bound worker; [ 18 ] RECOMMENDS that the parents undergo psychological evaluation and parental capacity evaluation;

[ 19 ] RECOMMENDS that the child undergo a psychological evaluation; [ 20 ] ENCOURAGES that the child participate in activities that will stimulate her connection with her community and her origins; [ 21 ] ORDERS that the child attend school regularly; [ 22 ] ORDERS that the contacts between the child and her mother be upon agreement between the parties with a pre-established calendar; [ 23 ] ORDERS that the child and the parents take an active

part in the application of the measure ordered by the Court and make themselves available for all the meetings [ 24 ] ENTRUSTS the situation of the child to the Youth Protection Director for the execution of the present measures; [ 25 ] THE WHOLE for a period of six months. ________________________________ Mario Gervais, J.C.Q. M e Anne-Catherine Bujold Attorney for DYP M e Marie-Pierre Blouin Attorney for the child