2012 QCCQ 10413, 2012 QCCQ 10413

Protection de la jeunesse — 122078 2012 QCCQ 10413 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] No: 525-41-025454-125 DATE: May 15, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 1997 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

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 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of May 15, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the adolescent declared compromised under

section 38

c) and e) 1) of the Youth Protection Act . [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The adolescent has been exposed to the conjugal violence between her parents; • The father has been physically and verbally abusive towards the mother; • The father has been yelling and making threats; • On December 4, 2011, the adolescent intervened to protect her mother and tried to call the police; • During this incident, the father slapped the adolescent and broke down the bathroom door; • On December 5, 2011, immediate protective measures were invoked and the adolescent was entrusted to a foster family; • On December 7, 2011, the parties agreed for the adolescent to remain in a foster family and signed a provisional agreement; • The adolescent reports that she’s fearful of her father and worried for her mother; • The adolescent reports that several months ago, the father hit her on two occasions as she had skipped school; • The father admits slapping the adolescent on December 4, 2011, but states that the last time he hit the adolescent was when she was four years old; • The father denies being physically aggressive with the mother;

• The father reports that the adolescent is lying as she wants more freedom; • On December 13, 2011, the mother confirmed the conjugal violence situation, reported being fearful of the father and asked to go to a shelter; • On December 14, 2011, the mother reported not being scared of the father and returned to live with him. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to the care of her paternal grandmother, Ms. C , for up to six months, with the possibility of gradual reintegration to her parents’ care when the situation allows.

Furthermore, that a social follow-up be provided to the family for a period of one year. [ 5 ] The father admits the majority of the facts alleged in the motion and agrees with the recommended measures. The father also consents to participate in family counselling and to follow an anger management program. [ 6 ] The mother admits certain of the facts alleged in the motion and agrees with the recommended measures. The mother wishes for X to come home, but agrees to follow her daughter’s wishes.

The mother also accepts to join a support group in the community for her disability. [ 7 ] The adolescent admits the majority of the facts alleged in the motion. The adolescent wishes to stay with her grandmother, but visits her parents almost every day. The adolescent feels that if she goes to back home she will have to care for her mother. [ 8 ] The Court also heard the testimony of Ms. D , youth delegate, and read the reports the Director filed as proof of the adolescent’s situation.

The evidence reveals that there is conjugal violence between the parents and that the father imposes his authority by yelling and making threats. Furthermore, the adolescent has been overwhelmed with caring for her mother, who needs a lot of support given her disability. [ 9 ] The psychiatric evaluation of the adolescent was conducted by Dr Benierakis from the A Hospital. X was cooperative during the evaluation, but appeared stressed. The adolescent denied depressive symptoms and thoughts of self harm.

The psychiatrist concluded to a parent-child relational problem, adjustment disorder and severe stressors at home. It was recommended that the adolescent be referred to the Dialectical Behavioural Therapy program at the B Hospital and individual therapy. [ 10 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to her paternal grandmother’s care for a period of six months and that a social follow-up be provided to the family for a period of one year.

The family presents with many stressors, ranging from the mother’s hearing disability, the disputes between the parents, to the fact that the mother is illegally in Canada.

The parents will need to collaborate with DYP in order to be able to provide their daughter with an environment exempt of violence and conflicts. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES compromised the security and development of the adolescent, X ; [ 15 ] ORDERS that the adolescent be entrusted to the care of her paternal grandmother, Ms.

C , for a period of six months; [ 16 ] ORDERS that the frequency and modality of contacts between the adolescent and her family be determined by the DYP, in consultation with the family; [ 17 ] ORDERS that the adolescent not be exposed to any verbal or physical violence in the home for while in her grandmother’s care; [ 18 ] ORDERS the adolescent to receive all health care services required by her situation and more particularly, that the adolescent participate in individual counselling and in the behavioural therapy program at the B hospital; [ 19 ] TAKES JUDICIAL NOTICE that the adolescent agrees to participate in these programs; [ 20 ] ORDERS the family to participate in family counselling and to follow the recommendations of the treating professionals and TAKES JUDICIAL NOTICE that all family members agree to participate in this counselling; [ 21 ] ORDERS the father to participate in anger management program and TAKES JUDICIAL NOTICE that the father agrees to participate in an anger management program, possibly with Pro-gam; [ 22 ] ORDERS that DYP be provided with information from the professionals treating the family that is relevant to the child’s situation; [ 23 ] RECOMMENDS that the mother participate in a support group in the community for her disability; [ 24 ] ORDERS that the family collaborate with DYP and meet with the youth delegate when requested; [ 25 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of one year; [ 26 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall see that the measures are carried out; [ 27 ] ORDERS the execution of the present order by any peace officer.

Signed on May 23, 2012 Ann-Marie Jones, J.C.Q. AMJ/dg Me Adelia Ferreira Counsel for the Director of Youth Protection Me Alec Fafard Counsel for the adolescent Me Mélodie Verreault Nantel Counsel for the father Date of hearing: May 15, 2012