2014 QCCQ 14428, 2014 QCCQ 14428

Protection de la jeunesse — 144562 2014 QCCQ 14428 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000586-146 DATE: September 15, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 1997 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A (Quebec) […] Applicant and A , residing and domiciled in Town B, district A (Quebec) […] Mother and B , residing and domiciled in Town B, district A (Quebec) […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant asks the Court to declare the security or development of X, born on […], 1997, endangered pursuant to sections 38 c), e) 1° and

f) of the Youth Protection Act . [ 2 ] If the Court concludes that the youth's safety is endangered the applicant recommends that she has to be entrusted to a foster family to wit with C (biological mother's niece). Initially the applicant's recommendation was for a rehabilitation center until this foster family was found. All the recommendations are until the youth reaches the age of majority to wit [...], 2015. [ 3 ] The youth and the mother are present and represented by their lawyers.

They acknowledge that the youth's security or development is endangered according to all the sections of the Youth Protection Act mentioned in the petition. They admit most of the allegations of the petition and agree to the applicant's recommendations. [ 4 ] The father is absent. He was served upon with a copy of the petition on July 29, 2014. All the arrangements were made for his travel to Town A.

According to the mother the father is working right now. [ 5 ] Considering the evidence the Court grants the permission to the parties to proceed despite the father's absence. [ 6 ] The Court considers the following facts as proven by preponderant evidence. The Facts [ 7 ] The youth who is 17 years old. She lived an abusive relationship with her boyfriend D. They are no longer together as Mr D is detained in a prison. [ 8 ] On July 24, 2013, the youth's situation was signalled to the Director of Youth Protection. According to the signalement on July 1 st , the youth was seen having a black eye.

Her boyfriend would have punched her. [ 9 ] In July 2013 the boyfriend was living with the youth's family. On July 20, he would have been thrown out because he threatened to use a gun on the youth. However he crawled back by a window into the youth's bedroom in the middle of the night. [ 10 ] The Director of Youth Protection's evaluation determines that the youth was involved in a chronic and ongoing abusive relationship. The Director of Youth Protection intervened, as the parents were unable to protect the youth.

Indeed Mr D was constantly assaulting the youth even when the parents were present. [ 11 ] The youth minimized the violence of that relationship. The Director of Youth Protection found a foster family for her in another village. Even if she was in another village the youth was still in contact with her boyfriend by telephone. [ 12 ] On October 30, 2013 voluntary measures were signed by the youth and her parents. The youth was fostered in a foster home for

a period of one year with different other measures. [ 13 ] The youth stayed in the foster home until December 3, 2013. [ 14 ] At the beginning of her stay the youth was doing well and attending school daily. Her boyfriend was phoning her often even if he had a prohibition to contact her. [ 15 ] On November 23, the foster family notified the Director of Youth Protection that they were overwhelmed by the youth's behaviour and did not want to foster her anymore. [ 16 ] The youth was no longer respecting the rules set by the family.

During the day her whereabouts were unknown and she would only return to home at night to sleep. The family suspected that the youth started to smoke cannabis. [ 17 ] On December 3, the youth was back with her parents as her boyfriend was no longer living in the community. [ 18 ] On December 13, the youth told the applicant that she had difficulties at home. She was crying and said she did not want to go back at her parents' place. [ 19 ] According to the youth her older brother E had assaulted her while she was asleep (kicked her on her legs and back). Her legs were swollen and she had bruises and marks.

The parents were aware of that situation but the mother was scared of her son. Also her boyfriend was back in the community and living at her parents' place. She asked to go living in a group home because she did not feel safe anymore. [ 20 ] The youth is part of a family of six siblings, four boys and two girls. Two of her older brothers no longer reside at home. [ 21 ] The applicant met the mother with the youth the same day in order to discuss the whole situation. During the discussion the mother said that she agreed that the youth stayed in a group home out of the village.

The mother was aware of the abuse but said that she was working day and night and was not at home when these incidents occurred. [ 22 ] The youth was temporarily placed at one of her teacher's place. She stayed there only one day and returned home. She said she changed her mind concerning the group home. In the meantime she had reconciled with her boyfriend. [ 23 ] On June 6, 2014, the youth assaulted her boyfriend. [ 24 ] On June 29, she assaulted a police officer by kicking him on the leg.

The youth has a promise to appear in Court in January 2015. [ 25 ] On July 21, the youth and her boyfriend were arrested by the police. The youth was arrested for a breach of conditions, threats and assault on her boyfriend. It seems that the couple had a fight and they both assaulted each other. [ 26 ] They were both under the influence of alcohol and drugs. The youth had suicidal ideations and said she wanted to kill herself. She was thrown out of her home and had no place to stay.

The youth was medivaced to the Town A hospital for further evaluation. [ 27 ] The youth informed the applicant that she had a new boyfriend and that her ex-boyfriend tried to strangle her during that incident. [ 28 ] On July 23, the Director of Youth Protection brought the youth to a group home. On August 8, 2014, the Court ordered that the youth be entrusted to a rehabilitation center until today. [ 29 ] The Director of Youth Protection found a foster home in A town for the youth. It is her biological mother's niece.

Mrs C has already experience as a foster family and can provide structure and rules to the youth. [ 30 ] According to the applicant the youth has broken up with her boyfriend. She is not opened to any therapy concerning conjugal violence. Decision [ 31 ] Considering the evidence and the admissions from the parties the Court concludes that the security or development of the youth is endangered pursuant to sections 38 c), e) 1° and

f) of the Youth Protection Act . [ 32 ] The Court concludes also that the applicant's recommendations are appropriate, reasonable and in the youth's best interest. For these reasons the Court: [ 33 ] Grants the motion; [ 34 ] Declares that the security or development of X, born on […], 1997, endangered pursuant to sections 38 c), e) 1° and

f) of the Youth Protection Act; [ 35 ] Orders the following measures until [...], 2015, date of the youth's age of majority; [ 36 ] Entrusts the youth to a foster family to wit with C (biological mother's niece); [ 37 ] Prohibits contact between the youth and D in any way;

[ 38 ] Orders that the contacts between the youth and her family be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 39 ] Allows and Orders the Director of Youth Protection to encourage the visits between the youth and her siblings except for D; [ 40 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth, her parents and the foster family; [ 41 ] Orders the Director of Youth Protection to provides to the youth specific help to prepare her return in her community when she will turn 18 years old; [ 42 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 43 ] Entrusts the situation of the youth to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Camille Provencher, attorney for the Director of Youth Protection Me Stéphanie Gauvreau, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: September 2, 2014