2020 QCCQ 12321, 2020 QCCQ 12321

Protection de la jeunesse — 208619 2020 QCCQ 12321 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036129-195 DATE: September 14, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 September 14, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on June 5, 2020. [ 3 ] Today, the Director recommends that the adolescent be maintained in a rehabilitation centre and that diverse support measures be ordered until her age of majority ([...], 2021). [ 4 ] The parents are in agreement with the Director’s plan but they are asking for their daughter to spend every weekend at her mother’s place.

This request is made as the adolescent has a job close to the mother’s residence. [ 5 ] The adolescent is asking to return to her mother’s care immediately. Subsidiary, she supports her parents’ position. Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? [ 7 ] Is it necessary for the Court to authorize that the adolescent spends every weekend at her mother’s residence? Context and Analysis [ 8 ] Soon following the last Court order, the adolescent’s situation deteriorated.

Unbeknownst to the mother and the Youth Protection worker, the adolescent maintained communication with her boyfriend, Mr. C. He has been providing the adolescent with alcohol and marijuana. [ 9 ] On June 20, 2020, Mr. C sexually assaulted the adolescent’s sister, Y. He also physically assaulted the adolescent. [ 10 ] Despite these events, the adolescent has continued to maintain contact with Mr. C. Their last contact dates July 14, 2020.

[ 11 ] The adolescent does not always respect her mother’s authority. She sometimes leaves home without permission and does not always inform her mother of her whereabouts in the community. She has continued to disrespect her mother. [ 12 ] The mother reports being overwhelmed with the situation and has asked for her daughter to be placed in a rehabilitation centre. She has continued to experience difficulties in setting and implementing clear and consistent rules.

The mother has continued to denigrate the adolescent. [ 13 ] On July 15, 2020, the Tribunal ordered the adolescent’s provisional compulsory foster care in a rehabilitation centre. A prohibition of contact between the adolescent and Mr. C was also ordered. [ 14 ] Since her placement, the adolescent adjusted to her environment. It is reported that she is making significant progress.

As the Youth Protection worker mentioned in her testimony: “She does better when in this type of environment”. [ 15 ] She maintained regular contacts with her parents. [ 16 ] As reported by the Youth Protection worker [1] : (The adolescent) acknowledges that time apart from her sister and the conflictual home environment has benefitted her wellbeing and progress.

She is starting to recognize how she would place herself at risk and how she can avoid this in the future. [ 17 ] The Youth Protection worker reported that she was open to a potential transfer of the adolescent to a group home closer to her mother’s residence. She is also open to eventually augment the frequency and the duration of the adolescent’s visits to her mother’s place. [ 18 ] Recently, the adolescent lied to her mother and her educator. She mentioned that she was going to work but went to the park with a friend instead. [ 19 ] At this point, the adolescent’s return home is clearly premature.

The family members always had difficulty collaborating with the Director in a transparent way. The mother expressed that she is afraid that if the adolescent returns home too soon, she “ will regress and resume engaging in risky behaviors ” [2] . [ 20 ] The adolescent still has to work on her own issues and learn how to respect her parents’ rules and authority. The mother needs to work on her communication skills as well as the consistency of her rules and consequences.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for revision; [ 22 ] DECLARES that the security or the development of the adolescent is still endangered; [ 23 ] REVISES the order rendered on June 5, 2020; [ 24 ] ORDERS that the adolescent be placed in a rehabilitation centre; [ 25 ] ORDERS a prohibition of contact between the adolescent and her brother Z, until his criminal case is completed, then ORDERS that the frequency and modality of contacts between the adolescent and her brother be determined by the Director, including supervision if deemed necessary; [ 26 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents and her sister be determined by the Director and be encouraged as much as possible; [ 27 ] PROHIBITS any contact between Mr.

C and the adolescent; [ 28 ] ORDERS that the adolescent not communicate directly or indirectly with Mr.

C; [ 29 ] ORDERS that the parents ensure that the adolescent is not exposed to any form of violence; [ 30 ] ORDERS that the adolescent respect her parents’ authority and follow the house rules established with the support of an educator; [ 31 ] RECOMMENDS that the adolescent attend either school, a vocational program or find employment; [ 32 ] RECOMMENDS that the mother participate in counselling and support services to address her personal issues; [ 33 ] ORDERS that the adolescent and her parents continue to work with an educator; [ 34 ] RECOMMENDS that the adolescent and her parents follow the recommendations of the adolescent’s neuropsychological assessment (including counselling, speech and language assessment); [ 35 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 36 ] THE WHOLE until the adolescent’s age of majority ([...], 2021);

[ 37 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 1 st , 2020 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Mathieu Farazandeh Counsel for the adolescent Mtre Précilia Hijazi Counsel for the mother Date of hearing: September 14, 2020