2011 QCCQ 6808, 2011 QCCQ 6808

Protection de la jeunesse — 11704 2011 QCCQ 6808 COUR DU QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] « YOUTH DIVISION »

N° : 540-41-003268-108 DATE : January 18 th , 2011 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOISE GARNEAU-FOURNIER ______________________________________________________________________ In the situation of: x Born on […], 1994 ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of a motion for protection in conformity with the Youth Protection Act (R.S.Q., c.

P-34.1 ) filed by the Director of Youth protection asking to declare that the security and development of the adolescent X are in danger because she is subjected to psychological ill-treatment and physical abuse by her mother and her step-father, Mr. A, in the meaning of

Section 38

c) and e) 1) of the Act. [ 2 ] All of the formalities required by law having been complied with, the Court proceed with the hearing pursuant to

section 77 of the Act. After considering the evidence adduced, the Court rendered an oral judgment without rising, of which these presents constituted the written version, with reasons, in accordance with the requirements of

section 90 of the Act. [ 3 ] At the beginning of the hearing, the Director's attorney asked to declare the security and the development of the adolescent compromised for the same reasons and that X be entrusted to a foster family for the next period of one (1) year, that she receives the health care and services required by her condition, that she attends school, that the mother and X actively participate to the application of the measures to correct the situation, that contacts between X and her mother be determined with the consent of all the parties and taking into account the adolescent's best interest, that contacts between X and her sibling (

Y) be encouraged, that contacts between X and the enlarged family be encouraged and that aid, counsel and assistance be provided to X and her mother for the same period of time. [ 4 ] In support of the recommendations, the Director's attorney filed several reports. [ 5 ] The mother, Mrs. B, duly represented by an attorney, admits partially the situation described in the petition and the reports. More particularly, she recognizes that if X testifies, she would repeated what she has mentioned to the Director's delegate. In fact, she admits that inappropriate methods was used to raise X more specifically by Mr.

A who slapped her, threatened to kill her. However, she denies that the situation was going on since ten (10) years but since 2008 and not to the extend described by her daughter. The mother also agrees with all the recommendations proposed by the Director for the next period of one (1) year. She will collaborate with the delegate. Finally, she mentioned that her husband, Mr.

A, has attended meetings at [organism A], participating in an anger management program since November, and will continue to follow it. [ 6 ] As to X, duly represented by an attorney, she remands completely to the position of the Director and confirms all the facts she reported to the Director of Youth Protection delegate. She is also in agreement with all the measures proposed by the Director for the

next period of one (1) year. [ 7 ] The proof revealed that the Director of Youth Protection received a signalement concerning the children X and Y on October 14 th , 2010, pertaining to

Section 38 e) 1), a situation of physical abuse and 38

c) psychological ill-treatment were it was alleged that Mr. A, Y's father would hit and threaten both X and Y. Emergency measures were taken on October 18 th , 2010, where both children was placed to a foster family. [ 8 ] Regarding X, a sixteen (16) years old girl, her father passed away about two (2) years before and remains affected by this.

However, he has not seen X in the last ten (10) years, except for a couple supervised visits when she was about five (5) or six (6) years old. [ 9 ] As mentioned in the report, the adolescent says that her step-father is physically and verbally abusive with her and her brother Y. She states that he loose his temper easily for any kind of reasons. She states that from November 2009 to March 2010, her step-father has stopped hitting but in March, for no particularly reason, he started again. As to Y, X describes an event where she witnesses Mr.

A sitting on him and putting a blanket on his face to restrain him and stop him from screaming. Further more, X mentions that her step-father and her mother often tell her that they will send her to a group home or when she will be eighteen (18) years old, they will kick her out of the house. When the mother and Mr. A were confronted with X's confidences, they complained about her bad behaviours and Mr. A mentioned being frustrated with her. Furthermore, as mentioned in Mrs. [social worker]'s report, questioned about how they think X can feel, Mr.

A says:" I don’t care how she feels" and the mother did not say a word. [ 10 ] The adolescent is sad and feels depressed about her family situation and this has an impact on her schooling. More over, her psychological evaluation [1] who have been made by Mrs. Giovanni d'Antono, psychologist, concludes: "X's cognitive test results are clearly suggesting the she is a capable student and could succeed academically if certain structures would be put in place.

Emotionally, X is screaming for affection, she does not miss the family however, she is extremely angry at her step dad to have abused her physically and feels very unforgiving towards the mother who has not protected her during this bouts of violence. It seems that X has lost her balance and must find her center. She feels unlovable, unworthy, she is anxious and ashamed and her fantasy of going into the sex trade is both an out to her present misery and a way to be wanted and desired.

Although X may look resilient and in control she is a very vulnerable young lady and could easily become an easy prey to unscrupulous individuals. HER ANXIETY DISORDER, HER DEPRESSIVE DISORDER AND HER BULLIMIA attest to the vulnerability and her wish to regain some measure of control over her life.

X individual educational, emotional and social plan should include; - MAINTENANCE AT ALL COSTS IN A EDUCATIONAL INSTITUTION HOWEVER ADAPTED; - X HAS REQUESTED THE SERVICES OF PSYCHOLOLY AND PSYCHIATRY AND THESE MUST BE FOLLOWED THROUGH IN ORDER TO ADDRESS HER EMOTIONAL CONCERNS. - X REQUIRES A LOVING AND SAFE ENVIRONMENT IN ORDER TO HEAL FROM THE MANY SCARS. -IT MAY BE WISE TO CONSULT A PEDIATRICIAN FOR A TRIAL OF ANTI- ANXIETY AND ANTI-DEPRESSANT MEDICATION. " [ 11 ] Since her placement, X gets some support from the school psychologist but she also needs to receive psychological services by the [hospital A].

In fact, an appointment is already planned for January 25 th , 2011. She feels comfortable with the foster parents who listen to her and wishes to live there for the next period of one (1) year. As to the relationship with her mother, it is still conflictual, and X is very angry at her. She has received one letter from her and Mrs. B have brought some belongings to X on December 22 nd . The last report dated January 13, 2011, mentioned that some items were not there. In fact, X did not receive her Barbie's blanket and pink pillows.

However, the Court is informed that the mother promises to give those things to her daughter. [ 12 ] Furthermore, during the Christmas holidays, X went to her grandparents who were upset because they cannot see Y. They asked X to tell the social worker that what she said was not true and if she refuses to do so, they don't want to see her again. X was really sad about this and does not understand why her grandparents talk to her like she did something wrong.

Therefore, given those incidents, the Court will order that contacts between X and her enlarged family be encouraged at the conditions that these persons stopped making pressure to X, and be positive for the adolescent.

[ 13 ] Finally, the Court is convinced that social follow-up will help to rebuild the relationship between X and her mother. [ 14 ] THEREFORE, AND FOR ALL THESE REASONS, THE COURT: [ 15 ] DECLARES that the security and the development of the adolescent X are in danger because she is subjected to psychological ill-treatment and physical abuse by her mother and her step-father, Mr. A, in conformity with

Section 38

c) and e) 1) of the Act; [ 16 ] ORDERS that X be entrusted to in an institution operating a foster family, chosen by Director of Youth Protection of Centre jeunesse A, for the next period of one (1) year; [ 17 ] ORDERS that a person working for an institution or body provide aid, counseling and assistance to the adolescent and her family for the same period of time; [ 18 ] ORDERS X and her mother to actively participate to the social follow-up to put an end to the situation; [ 19 ] ORDERS X to go to school on a regular basis and to complete all the home-works at the satisfaction of the school authorities; [ 20 ] ORDERS the Director to ensure that the adolescent receives all the health care and services required by her condition and more particularly her anxiety and her eating disorder problems; [ 21 ] ORDERS that contacts between X and her sibling (i.e.

Y), be encouraged; [ 22 ] ORDERS that contacts between X and her mother be determined by consent between the delegate of the Director, the adolescent and the mother, in the best interest of X; [ 23 ] ORDERS that contacts between X and her enlarged family be determined by consent between the delegate of the Director and the adolescent, at the conditions that there is no pressure on X regarding her family situation, and that these contacts are positive for the adolescent; [ 24 ] TAKES NOTICE that Mrs.

A will give X, the Barbie's blanket and pink pillows; [ 25 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of Centre jeunesse A, who shall then see that the measures are carried out; [ 26 ] ORDERS enforcement of this order by any peace officer; if need be. __________________________________ FRANÇOISE GARNEAU-FOURNIER J.C.Q. Me Lysa LEROUX

Director's Attorney Me Martine NOLIN Adolescent's Attorney Me Richard BRUNET Mother's Attorney