2023 QCCQ 6544, 2023 QCCQ 6544

Protection de la jeunesse — 233372 2023 QCCQ 6544 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001229-233 DATE: June 6, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 adolescent and A mother ______________________________________________________________________ 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 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as she is victim of physical abuse, as she exhibits serious behavioural disturbances and as a situation of neglect regarding health care exists. [ 2 ] On January 18, 2023, the Tribunal entrusted the adolescent on a provisional basis, to her maternal grandparents’ care. [ 3 ] On March 20, 2023, the Tribunal postponed the hearing and maintained the status quo. [ 4 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre and that diverse support measures be ordered until August 31, 2023. [ 5 ] The mother agrees with the Director’s plan but denies the allegations of physical abuse. [ 6 ] The adolescent’s attorney mentioned that her client agrees with the Director’s recommendations.

The adolescent is ready to go back to school with a shadow and willing to see a psychologist. Questions in litigation [ 7 ] Did the Director present preponderant evidence to support the allegations of physical abuse by the mother? [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 9 ] Since 2017, the mother failed to renew the adolescent’s Medicare card. Consequently, the adolescent was denied access to health care (glasses, hearing aid and psychiatrist follow-up).

The lack of services impacted on the adolescent’s development and academic functioning. [ 10 ] On July 22, 2022, the adolescent met with investigator Dominic Ferland at the police station to make a video declaration. During this interview, the adolescent appeared as very shy. It was not clear for the Tribunal if she always understood the questions that were asked. No interpreter was present to support the police interview. Mr. Ferland had to repeatedly ask open questions for the

adolescent to make her declaration. On numerous occasions, she would only say that she did not remember, that she did not know.

She eventually reported the following: • her mother fought with her maybe five times; • her mother punched her in the “pussy” maybe three times; • she did not remember when this happened; • on another occasion, her mother said: “ I’m gonna die you ”; • this threat was said during winter. [ 11 ] During the interview, at times, as she reported and recalled some events, the adolescent was quietly crying. [ 12 ] Following her interview with the police, the adolescent was entrusted for that night to her aunt B. Contrary to the adolescent’s report, Ms.

B reported that she never witnessed the mother hitting the adolescent. [ 13 ] On September 12, 2022, the Youth Protection worker met with the mother, who denied the facts alleged by her daughter, stating that she was lying. The mother also reported that she had taken the necessary steps to obtain the Medicare card for her daughter. The mother mentioned that the adolescent already had glasses. [ 14 ] On September 14, 2022, the Youth Protection worker met with the adolescent.

During this brief meeting, the adolescent mentioned that she never had glasses. [ 15 ] On or around September 21, 2022, the Director received information from the police to the effect that the mother had thrown some shoes at the adolescent and that she had made threats to hit her if she was coming back to the home. [ 16 ] On September 22, 2022, immediate protective measures were invoked, and the adolescent was entrusted to her maternal grandparents’ care. [ 17 ] Between the end of September and November 24, 2022, the family took an arrangement for the adolescent to reside mainly with the grandmother and other family members.

During that period, the Director experienced difficulties to reach and locate the adolescent. [ 18 ] On or around November 22, 2022, the Director was informed that the adolescent was afraid to return home as the mother was mad at her. Immediate protective measures were invoked, and the adolescent was again entrusted to her maternal grandparents. [ 19 ] On November 23, 2022, the adolescent made a second video declaration regarding the events of November 21 and 22, 2022.

At the time, she could not remember the events that had happened in September 2022. [ 20 ] During this interview with the police, the adolescent was assisted by a translator. It was easier for the her to communicate effectively.

She reported the following: • when she was trying to clean up the house, out of the blue, her mother tried to beat her up; • her mother approached her but did not touch her; • she went out of the house and almost went out without her winter clothes; • on another occasion, her mother woke her up in the middle of the night and tried to beat her up; • the mother was throwing stuff (a black broom, a brown chair, toys, her sister’s green rubber boots and a black boot that belong to her mother’s boyfriend); • the boot hit her face but did not leave a mark; • the adolescent got scared of her mother and went to a room where she went out of the house through a window; • her mother also made threats to kill her with a gun, mentioning that after she kill the adolescent, she would kill herself; • the adolescent clarified that the guns were at camp (two hours away). [ 21 ] During this declaration, the adolescent’s answers were clear, and she provided several details. [ 22 ] On November 24, 2022, the mother signed a provisional agreement entrusting the adolescent to the maternal grandparents.

This agreement was extended on December 23, 2022. [ 23 ] The grandparents are concerned about the adolescent’s safety. The grandmother mentioned that the adolescent had been lying about her whereabouts in the community. Her grand daughter does not always listen to her rules. [ 24 ] In December 2022, the adolescent found a friend who had committed suicide. This had a severe impact on her. She was also bullied at school.

In January 2023, she expressed some suicidal ideations. [ 25 ] On January 26, 2023, the adolescent’s aunt and grandmother reported that the adolescent was not listening to their rules, that she was stealing things and that she was going out at night without permission. They believed that she might need to be placed in a group

home. [ 26 ] In February 2023, Dr. Deleva, child psychiatrist, prescribed some medication for the adolescent in relation with her diagnosis of post-traumatic stress disorder with dissociation and major depressive disorder. The mother refused for the adolescent to take this medication, mentioning that she was afraid her daughter would become addicted. [ 27 ] On February 8, 2023, an educator was assigned to support the family. [ 28 ] On March 9, 2023, the adolescent was brought to the clinic after having voiced suicidal ideations.

Immediate measures were invoked, and she was entrusted to the hospital. [ 29 ] At this point, the adolescent feels rejected by her mother and her family. She was also deeply affected by the death of her friend in December 2022. [ 30 ] All parties recognized that the adolescent should be dispensed from testifying as this would be prejudicial to her mental or emotional development [1] . Consequently, in accordance with

Article 85.5 of the Youth Protection Act , the adolescent’s previous declarations are admissible as evidence of the existence of the facts stated therein [2] . [ 31 ] The mother still denies in block the facts reported by the adolescent. In her cross-examination, she mentioned that she never had any altercation with her daughter. She even reported that she never had a verbal argument with her and was never impatient with her daughter. This information does not appear credible.

The mother clearly minimizes any difficulty existing in her relationship with her daughter. [ 32 ] The adolescent made several declarations regarding her family situation (in July, September, and November 2022). Considering her age and developmental stage, the Tribunal considers that the adolescent was credible and reliable during her declarations. [ 33 ] Since the beginning of the Director’s intervention, the mother’s collaboration improved greatly. She now appears open to receive supportive services from the Director.

She has yet to mobilize herself to work on her personal issues. [ 34 ] During her testimony, the mother also agreed for the child to receive glasses and hearing aids. [ 35 ] In February 2023, the Director was made aware that the adolescent had a new Medicare card. [ 36 ] Despite resources put in place to maintain the adolescent in the community, her extended family feel they are no longer able to provide the necessary structure for the adolescent and ensure her safety. [ 37 ] Today, the mother agrees to work with an external educator to help her rebuild a positive relationship with the adolescent.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 38 ] GRANTS the application for protection; [ 39 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38 f), 38 b) 1 ii and 38 e) 1 of the Youth Protection Act ); [ 40 ] ORDERS that the adolescent be placed in a rehabilitation centre; [ 41 ] ORDERS that the contacts between the adolescent and her mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 42 ] ORDERS that the adolescent and her mother take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 43 ] ORDERS that the adolescent receive specific health care and health services namely be administrated with the prescribed medication for her depression, that the adolescent be provided with glasses and hearing aids; [ 44 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 45 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family, including the services of an external educator in the community; [ 46 ] THE WHOLE until August 31, 2023; [ 47 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 6, 2023

/cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the adolescent Mtre Corine Jacquet Counsel for the mother Date of hearing: April 6, 2023