2019 QCCQ 16811, 2019 QCCQ 16811

Protection de la jeunesse — 195423 2019 QCCQ 16811 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-034875-195 DATE : March 5, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (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 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security and the development of the adolescent X are endangered as a result of physical abuse as well as psychological ill-treatment. [ 2 ] Essentially, the applicant alleges that the father has been resorting to physical means of discipline since the adolescent was a child. He further tends to intimidate, denigrate and insult her during their frequent disputes.

Although the mother is aware of the father’s inappropriate behaviour, she tends to downplay the seriousness of the situation and justifies his intervention, if not his means. [ 3 ] The adolescent has been in a provisional foster family since January 5, 2019. Considering the family’s cooperation, the Director is proposing that the adolescent remain in placement until June 30, 2019 with an authorization to begin progressive reintegration one month from today.

Furthermore, a social follow-up of nine months with other corrective measures is proposed. [ 4 ] The majority of the allegations are admitted by the parents and both concede the state of endangerment. They insist, however, that the conflicts within the family are frequently caused by the adolescent’s tendency to lie and manipulate in her own interest. The father consents to the measures proposed. Although the mother desires her daughter’s return as soon as possible, she accepts the Director’s recommendation. [ 5 ] The adolescent admits all of the allegations and consents to the measures proposed.

She is willing to work on her relationship with her parents but expresses concern that they’re not fully invested in the process. She takes issue with their characterization of her responsibility for the family conflict. The State of Endangerment [ 6 ] The family consists of the parents, the adolescent and her twin brother. The adolescent attends high school and works part time in a fast food restaurant. There are no issues at school either behaviourally or academically. [ 7 ] On June 1, 2018, the Director retained a report alleging physical abuse and threatening behaviour by the father towards the adolescent.

The investigation that followed was comprised mainly of meetings with the adolescent and her parents. All members quickly conceded the essential elements of the allegations. [ 8 ] The adolescent reports that her father has been physically disciplining her since she was a child. She describes various incidents leading to bruises, black eyes and a broken nose. During the frequent conflicts within the family, the father often threatens her and puts

her down. [ 9 ] She describes feeling stressed, fearful and unfairly treated, particularly with respect to her brother who, in her opinion, always gets what he wants. She takes objection to the various methods of punishment imposed on her by her parents for her wrongdoing, including making her pay their Visa bill with the money she earns working part time. As a result of their lack of trust towards her, they are particularly controlling of her social life and use of social media. [ 10 ] The adolescent indicates that, in the past, the parents have made her lie regarding the cause of her bruises.

She explains that they often lack transparency and fail to change despite previous promises to do so. [ 11 ] The father acknowledges the physical abuse as alleged as well as the denigration and threatening behaviour. He adds however that when he threatens his daughter, it’s nothing more than an expression of anger, with no intent to follow through. He considers that his daughter’s current fear is exaggerated and unjustified. He objects to being portrayed as dishonest with the Director and believes that he has cooperated fully. [ 12 ] Both parents allege that the adolescent is a liar and a manipulator.

They tend to put the responsibility for the disputes within the family squarely on her shoulders. The father further describes her general attitude as disrespectful and affirms that she’s a trouble maker and a drama queen. That being said, they both insist that they’ve not given up on her by any means and express a willingness to work on their relationship.

The mother however questions the adolescent’s ability to communicate effectively, claiming that she shuts down at the slightest disagreement. [ 13 ] Considering the admissions of the parties and the information contained in the Court report filed into evidence, the Court concludes that the security and development of the adolescent are endangered for the reasons alleged by the Director.

THE MEASURES [ 14 ] The Director is of the opinion that continuing the current foster home placement for the next four months is necessary in order to work on the interpersonal relationships within the family before completing reintegration. [ 15 ] The identified objective is to ensure the adolescent’s safety and emotional well-being prior to returning home. Appropriate means of consequences must be learned and applied by the parents.

The services of an educator are in the process of being arranged for that purpose. [ 16 ] That being said, the evidence clearly reveals that communication and trust within the family are serious issues that require professional assistance.

The parents have aligned their position and point to the adolescent’s behaviour as the main source of contention within the family, with very little nuance. [ 17 ] The adolescent feels unfairly targeted as a result and her perception is offhandedly rejected by the parents who are convinced of her consistent wrongdoing. [ 18 ] The position expressed by the parents, in contrast with that of the adolescent, is a strong indication that many obstacles lie ahead.

Despite their expression of good intentions, the parents appear to have a rigid viewpoint regarding their daughter’s degree of responsibility that leaves little room for introspection. [ 19 ] The Court encourages the parents to consider their daughter’s complaints with a more open mind rather than resorting to labelling her a liar and a manipulator. The latter is counterproductive and unlikely to lead to progress. The focus should be on opening the lines of communication rather than shifting the blame.

Taking into consideration the emotional and physical upheaval caused by the abuse that she has endured, the adolescent is entitled to expect a measure of support and acknowledgment from her parents. [ 20 ] The father’s admissions of responsibility regarding the abuse are an encouraging sign and an indication of his good faith.

The Court encourages all parties to invest fully in the intervention in order to meet the objectives of reintegration. [ 21 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the adolescent’s best interest. [ 22 ] FOR THESE REASONS, [ 23 ] THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of the adolescent are endangered based on psychological ill-treatment and physical abuse; [ 26 ] ORDERS that the adolescent remain entrusted in foster care until June 30, 2019 and AUTHORIZES reintegration to her parents’ care after one month if the situation allows; [ 27 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director, taking into consideration the adolescent’s wishes; [ 28 ] ORDERS that the parents refrain from using any form of physical or verbal abuse towards the adolescent; [ 29 ] RECOMMENDS that the father receive support services to address his behaviour; [ 30 ] TAKING JUDICIAL NOTICE of their consent to collaborate, ORDERS that the family continue to receive services form an

educator; [ 31 ] ORDERS that the Director provide certain health services to the adolescent namely individual support services, confidential from all parties, for her mental health, subject to her consent to receive such services; [ 32 ] ORDERS that the parents and the adolescent continue to collaborate with all professionals involved and follow through with the recommendations; [ 33 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 34 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out; [ 35 ] THE WHOLE for a period of nine months.

SIGNED IN TOWN A On March 11, 2019 __________________________________ KAREN OHAYON, J.C.Q. Me Christine Waldvogel Attorney for the D.Y.P. Me Alec Fafard Attorney for the adolescent Date of hearing: March 5, 2019 KO/lf