2020 QCCQ 12324, 2020 QCCQ 12324

Protection de la jeunesse — 207284 2020 QCCQ 12324 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000544-207 DATE: June 15, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...].

APPLICANT and X, born on [...], 2007 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits an application asking the Court to declare that the security and development of X, 13 years old, are endangered pursuant to

Section 38 b) (1) iii) (lack of supervision) of the Youth Protection Act . [1] [ 2 ] At the hearing, Mtre. Yan Massé assists X who is present. Mtre. Marie-Josée Ayoub acts on behalf of the mother and Mtre. Serge Fleury on behalf of the father. Mtre. Magdalena Lempicka acts for the applicant. [ 3 ] At first, the application was challenged by the mother as for the recommendations.

She thought that teenager was pressured into agreeing to stay with her father. [ 4 ] The father and the child declare that they are in agreement with the recommendations. [ 5 ] From the admissions made by the parties, the Court has the following evidence: - The child’s situation was first reported to the Director of Youth Protection during the summer of 2019, due to ongoing conjugal violence between the mother and her partner; - During the fall of 2019, the mother and her partner broke up and, for a period of time, she offered a good collaboration with the Youth Protection Worker; - However, since her separation, she started having alcohol consumption issues; - The mother left the child alone and went out drinking; - The mother wanted to attend a treatment centre and she was accepted for a therapy beginning on April 21, but, due to the COVID-19 situation, she couldn’t go; - When living with the mother, the child started to have serious behavioural issues at home; - The child started smoking cannabis; - She was neither respecting the rules nor the curfews;

- At one point, she attempted to be physically violent towards the mother and her young brother had to intervene to separate them; - X is currently living with her father in Town A; - Since February, the father agrees to take care of X and is offering a more structured environment; [ 6 ] To be sure that nobody put pressure on the teenager, the Court asked the parents to withdraw from the courtroom. When asked by her lawyer if she wanted to say something, the teenager disclosed a troubling event that occurred when she was between seven and nine, with the mother’s boyfriend of the time.

She remembers telling her mother, but does not remember her reaction. About the measures to be taken in order to put an end to the situation that endangers her security and development, she clearly states that she wants to live with her father. [ 7 ] When the mother was informed of her daughter’s position, she then agreed with the measures recommended by the Director of Youth Protection. [ 8 ] The mother says that she had trouble to have access rights with X. It seems that there was miscommunication between the parents and the Social Worker.

For the time being, the communication between the parents is not very effective and they will need the help of the Social Worker in order to establish a

schedule for access rights. [ 9 ] These access rights will take place only if X is comfortable with that and if she agrees. Only the Social Worker will talk and discuss with X about access rights, so neither the father nor the mother will put pressure on the child or doubt that the other parents put pressure. [ 10 ] During access rights, the mother has to be in remain sober at all times even through social media. The mother had communication with X when she was under the influence of intoxicating substances and it disturbed the child.

FOR THESE MOTIVES, THE COURT; [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of X, born on [...], 2007, are endangered pursuant to

section 38 b) (1) iii) of the Youth Protection Act ; [ 13 ] ENTRUSTS the teenager to the care of her father for the next 6 months; [ 14 ] ORDERS that access rights between the mother and the child be established at a minimum rhythm of once per month, following a determined schedule, and the consent of X to such access rights, and that they be supervised by the Director of Youth Protection as for duration and modalities; [ 15 ] ORDERS that only the Social Worker discuss with X about access rights; [ 16 ] ORDERS that the mother be and remain sober at all times when in contact with X; [ 17 ] ORDERS that the mother seek and complete a substance abuse treatment program and follow recommendations made by the professionals; [ 18 ] RECOMMENDS that the mother undergo a psychological evaluation and follow the recommendations of the professional; [ 19 ] ORDERS the mother to collaborate with the Director of Youth Protection and inform him of her coordinates at all times; [ 20 ] AUTHORIZES service providers to share information with the Director of Youth Protection regarding, attendance, collaboration and progress of their respective clients; [ 21 ] RECOMMENDS that a Social Worker from Town A be assigned in order to provide help to the teenager and her father; [ 22 ] ORDERS the parents to collaborate with the execution of the Court orders and present themselves to the Director of Youth Protection when requested; [ 23 ] ORDERS any peace officer to collaborate with the execution of the Court orders, if requested to do so by the Director of Youth Protection or one of its representatives; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the parents for a period of 6 months; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the execution of the Court orders.

________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town B Counsel for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc ̶ Town C Counsel for the mother Mtre. Serge Fleury Serge Fleury, Avocat ̶ Town E Counsel for the father Date of hearing: June 15, 2020