2019 QCCQ 5243, 2019 QCCQ 5243

Protection de la jeunesse — 195353 2019 QCCQ 5243 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-035190-198 DATE : June 5, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2003 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 a physical abuse as well as psychological ill-treatment. [ 2 ] The Director alleges that the parents’ cultural and religious expectations towards their daughter are a source of frequent conflict leading to denigration and inappropriate physical discipline. [ 3 ] The adolescent has been in provisional placement since March 21, 2019.

The Director is proposing to extend the current rehabilitation centre placement for six months with reintegration beginning after three months, if the situation allows. In addition, a social follow-up is requested for a period of nine months [ 4 ] The parents admit to certain allegations of psychological ill-treatment but contest those pertaining to physical abuse. They consent to the social follow-up and other additional measures but ask for the immediate return of their daughter.

Alternatively, they ask for a shorter period of placement with progressive reintegration to start at once. [ 5 ] The adolescent admits having made allegations of physical abuse but specifies that she retracted her statements shortly thereafter. She currently denies any physical abuse but admits to the same allegations as her parents with respect to psychological ill- treatment. She consents to all the measures except placement and asks to return home. The Situation [ 6 ] The family is composed of the parents, the adolescent and three younger children. The maternal grandmother also resides with the family.

They are of [Country A] origin and practice the Muslim faith. [ 7 ] The Director retained a report regarding the adolescent on March 13, 2019. The evidence presented can be summarized as follows: (

i) The adolescent’s disclosure: [ 8 ] On March 13, 2019, the adolescent met with school personnel and disclosed ongoing physical and verbal abuse by her parents. She explained that a dispute with her mother that morning had turned physical. Visibly upset, she complained of headaches from being punched in the head and having her hair pulled. According to the adolescent, the altercation began as a result of her mother’s objection to

her makeup. [ 9 ] During the assessment process, the adolescent confirmed the content of the reports and revealed distress at the pressure of having to conform to her parents’ expectations. Among other things, the wearing of a hijab was a regular subject of contention and her father would frequently spy on her to ensure that she was wearing it [1] . Moreover, opportunities for social interaction with friends were strictly curtailed.

The adolescent was expected to return home straight after school and visits with friends were generally forbidden. [ 10 ] The disclosure of March 13, 2019, was the second time the adolescent had complained to school authorities about abuse in the home. In February of the same year, the adolescent arrived at school with a scratch on her face and a swollen eye.

She explained that these marks had been inflicted by her mother during a fight about her use of makeup. [ 11 ] The adolescent described ongoing denigration as well, citing the following examples: - Her father has told her that getting rid of her would not be a big loss since he has other children and can make more [2] ; - Her parents have warned her that she would be raped if she enhanced her appearance. - Her father has threatened to shave her head if she plucked her eyebrows [3] ; - She overheard her mother praying for her death because of the problems she was creating within the family [4] . [ 12 ] The adolescent expressed being fearful of her parents to both school personnel and to the youth protection worker.

She also admitted to suicidal ideations as a result of her family issues. She was often observed at school as sad, crying and depressive.

There were concerns as well about her lack of food intake as she would throw away her lunch despite skipping breakfast. [ 13 ] The following are examples of statements made by the adolescent in conversations with school personnel with whom she had a relationship of trust: - It would make things easier if she killed herself; - Her parents probably did not mean what they did; - She had a pain in her heart and was not feeling well; - Her life is difficult and she wants to leave her home; - She was concerned that her mother would discover that she had waxed her arms; - Her father sends her denigrating texts; - She is scared of her father because she does not respect Muslim traditions and values [5] . [ 14 ] In an interview with the youth protection worker [6] , the adolescent reiterated her fear of returning home.

Consequently, immediate protective measures were invoked and she was advised that she would be placed in a foster home, to which she initially expressed relief. [ 15 ] Prior to leaving for the foster home, she was granted permission to speak to her maternal grandmother. Although the conversation took place in [language A], the social worker could detect agitation in the grandmother’s voice as the conversation progressed.

She quickly put an end to the discussion but not before the grandmother had the opportunity to advise the adolescent that the mother was not doing well. [ 16 ] The next day, the adolescent came into contact with her mother at the courthouse. Immediately following, she recanted her statements of abuse and denigration. Among other things, she explained that the scratch on her face was accidentally caused by her sister with whom she shares a bed at night. (ii) The parents : [ 17 ] Both parents initially denied the allegations in their entirety.

The mother reported that the scratch and swollen eye from February 2019 was the result of makeup and fake eyelashes that the adolescent had used. She insisted that the allegations were made up by her daughter and had no semblance of truth [7] . She later provided the same explanation as her daughter to the effect that the sister was responsible. [ 18 ] The father indicated that his daughter is treated like a princess in the home. He further added that she does not require discipline because “… she is good, she is kind… [8] ”.

He noted that she may have been rebelling over the past three months while he was away and acknowledged that she is prone to mood changes. [ 19 ] In his testimony, the father concedes that certain issues have arisen regarding expectations towards his daughter. In particular, he indicates that plucking eyebrows is a particularly egregious violation of the Koran and the teachings of the prophets. His daughter has made him aware that she feels ashamed of her appearance in public when her eyebrows are not shaped.

His solution is to propose a Muslim school where “.. everyone is similar so she won’t feel that way [9] ”.

[ 20 ] During a trip to [Country A] just prior to the Director’s intervention, the father consulted religious authorities about his daughter’s refusal to conform to this particular requirement. He was informed that he is absolved of any responsibility because she is over the age of fourteen and is therefore responsible for her own decisions. [ 21 ] The father concedes that he has lost his temper with his daughter and said things that he regrets. He explains that he “… was in a mood of making her understand … [10] ” but generally tends to reason with her on these issues.

He doesn’t believe his harshness has had any impact on the adolescent because he has since apologized. On the other hand, he fears that the stress of this situation may very well land him in the hospital. [ 22 ] The father corroborates his daughter’s complaints to the social worker regarding her limited social life. He explains that he doesn’t authorize her to sleep out or to go with friends because he fears for her safety.

Asked to explain, he gives the example of “Ariel”, a little boy whose disappearance has been highly publicized and expresses concern that the same could happen to his daughter. [ 23 ] The mother denies all wrongdoing. She explains that her daughter is dear to her heart and that at most, she scolds her but no more. Her testimony centres rather on the adolescent’s learning difficulties and her concerns regarding her studies. The mother indicates that she has no problem with the adolescent’s interest in fashion so long as she maintains limits and concentrates on her studies.

Her testimony reveals no serious difficulties within the family dynamics. [ 24 ] Since the provisional placement order on March 21, 2019, the adolescent’s contact with her parents has been subject to restrictions. The evidence, however, reveals occasions of unauthorized contact. For example, according to the adolescent, her father came by her school and observed her without a hijab, which upset him.

During the course of their conversation, he proposed to send her to a Muslim school, to which she has since agreed [11] . (iii) The adolescent’s retraction of abuse : [ 25 ] During her testimony, the adolescent denies all physical abuse and concedes to having lied to school authorities as well as to the social worker. Essentially, she explains that on March 13, 2019, she had an argument with her mother about her appearance. When she arrived at school, she was still angry at her and made the decision to reveal false abuse. She explained that she was also encouraged to do so by a friend in whom she had confided.

She believed her report would simply lead to a meeting between school authorities and her mother. She hoped that her mother might see reason and allow her more freedom. This, according to her testimony, was her only objective; to have the school authorities persuade her mother to be more lenient. [ 26 ] The adolescent states that she never anticipated the implication of youth protection services nor did she expect the situation to take such a dramatic turn.

On the other hand, she concedes that her friend had told her about her own experiences with youth protection which included judicial proceedings and placement. [ 27 ] Throughout her testimony, she explains that she simply overreacted or overdramatized her circumstances. Asked about her suicidal ideations, she affirms that she was once again influenced by the same friend who had told her to report physical abuse. She considers that the situation is resolved now and that her father has told her to do what she thinks is best.

Questioned on what that would be, she states that she has decided to accept her father’s proposal to attend a Muslim school. (iv) The psychological assessment : [ 28 ] During the provisional placement, the adolescent participated in a psychological assessment.

From the test results and personal observations, the psychologist notes that: - The adolescent presents as immature with little insight into her behaviour or situation; - A positive overall presentation of the adolescent’s thoughts, feelings and behaviours is to be interpreted with caution when coupled with her denial of some everyday common emotional or behavioural difficulties ordinarily experienced by individuals her age; - She needs to be seen in a positive light and fails to acknowledge weaknesses in herself or her parents; - The results of the Sentence Completion Task suggest that the adolescent seeks to avoid delving into her true feelings or emotions and to portray an idyllic situation; - The reports of the adolescent’s limited food intake is an indication that she is trying to exert some control in her life and has chosen her food intake as a means to do this; the psychologist is particularly concerned by this aspect and suggests more extensive evaluation of this component [12] . [ 29 ] The author of the report concludes as follows: “ X’s presentation during the evaluation, along with parent and self-reports, and projective measures leads the undersigned to have the opinion that X has experienced abuse at the hands of her parents.

The verbal abuse she admits to experiencing can be as damaging as physical abuse and must be taken as seriously. [13] ” [ 30 ] Several recommendations are made including: - A reassessment of the adolescent’s cognitive functioning as she may meet the criteria for Mild Intellectual Impairment; - Psychological intervention, particularly in solution-focused therapy; - A reference to the Adolescent Medicine Program to assess concerns about eating habits and nutrition;

- The services of an educator in the home to establish proper rules and structure; it is further recommended that the adolescent have access to her own room upon return to the home; - Training to help her with anger management and mood swings. Analysis And Conclusion [ 31 ] Determining whether the Director has met its burden on the issue of physical abuse requires an assessment of the evidence as a whole.

The credibility of the witnesses heard is central to a final determination as is the reliability of the initial disclosures. [ 32 ] The Court considers that the adolescent’s initial disclosure on March 13, 2019 offers specific guarantees of trustworthiness. [ 33 ] For example, the evidence of the adolescent’s emotional state is entirely compatible with the disclosures received on that date. She was visibly upset and crying. Her description of the abuse itself, coupled with the complaints of headaches, was coherent with the narrative provided.

No element of her story, nor the manner in which it was delivered, gave any indication of fabrication. [ 34 ] Moreover, in the months prior to March 13, 2019, she had also been seen crying in the bathroom at school, not eating and lacking focus in class. These manifestations of emotional distress are compatible with an ongoing situation of significant conflict within the family.

The adolescent’s expressed fear of her parents on more than one occasion tends to corroborate her disclosure of physical abuse. [ 35 ] The adolescent chose to speak to people with whom she had a relationship of trust and offered detailed information about her family life willingly. [ 36 ] Despite claiming that the Director’s intervention was not in her plan, the adolescent maintained her version of events and continued to express fear of her parents.

Moreover, she responded with relief at the idea of placement. [ 37 ] On the other hand, the reasons provided by the adolescent to explain her alleged fabrication lack believability. According to her testimony, she simply wished to provoke a conversation between staff and her mother to get her to reduce her restrictions.

This motive is incompatible with her emotional state at the time of the disclosure as well as with her initial relief at being placed. [ 38 ] The conversation with her grandmother just prior to placement clearly had a significant effect on the adolescent and appears to have been the actual trigger for her retraction. The Court has no doubt that the adolescent loves her family. Disclosing abuse is undoubtedly a difficult experience that can certainly provoke second-guessing and feelings of disloyalty.

The context of the retraction points towards regret for the consequences of her disclosure rather than a true denial of its veracity. [ 39 ] Moreover, the court is particularly concerned by the fact that the adolescent’s position at the hearing is perfectly aligned with that of her parents. The evidence establishes that issues related to cultural and religious expectations occupy a central part of the family dynamics.

The father states that he’s open to his daughter’s requests yet the adolescent is no longer making any and simply intends to comply with her father’s proposition to attend a Muslim school. [ 40 ] Keeping in mind the ongoing conflict, the verbal denigration, the extreme pressure to conform, the adolescent’s position is more likely an attempt to restore some semblance of peace in the family.

In the Court’s opinion, the difficulties leading to the events of March 13, 2019, remain whole. [ 41 ] The psychological assessment confirms that such a drastic change in position should be viewed as suspect because, according to the test results, she seeks to avoid confronting her true feelings and attempts to portray an idyllic situation. [ 42 ] Furthermore, the parents’ testimony, in the context of the evidence, lacks an important degree of insight with respect to the extent of the difficulties within the family.

Although they admit psychological ill-treatment, they nevertheless provide a bare minimum of facts on this issue. Despite the overwhelming evidence of significant conflict within the family and of their daughter’s emotional distress, the parents show an unfortunate lack of introspection that is troubling. [ 43 ] The father claims that he is now inclined to allow his daughter to do as she chooses, having fulfilled his duty to guide and to counsel her.

Nevertheless, he is contradicted by the evidence establishing recent protests on his part: - He maintains that she should change schools in order to avoid plucking her eyebrows; - He continues to be upset when he sees her without a hijab. [ 44 ] These examples demonstrate that, despite his testimony to the contrary, the father does not and will not accept choices that are incompatible with his beliefs.

Furthermore, his reaction to his daughter’s feelings of shame regarding her appearance lacks a certain degree of sensitivity and demonstrates a measure of indifference to her point of view. [ 45 ] The father further corroborates his daughter’s initial reports to the effect that she suffers from social isolation.

The fact that he refuses to allow her to go to friend’s houses or to attend sleepovers because he is concerned that she may go missing is, to say the least, perplexing. [ 46 ] The mother’s description of family dynamics fails to acknowledge or explain in any convincing manner the adolescent’s distress or unhappiness, much less her need to fabricate a story of abuse to solicit the school’s intervention. This incompatibility with the evidence necessarily has an impact on her credibility.

The two different versions she offered to explain the marks on her daughter’s face in February 2019 are also a consideration. [ 47 ] Considering the evidence as a whole, the Court concludes that the extra-judicial statements by the adolescent to the school personnel and to the social worker in charge of the assessment are, on a balance of probabilities, a reflection of the truth and represent a

reliable description of the events in question. [ 48 ] The nature of the abuse described by the adolescent combined with the motive leading to the altercations of February and March 2019 are sufficient to conclude that the adolescent’s security or development is endangered as a result of physical abuse. [ 49 ] Although psychological ill-treatment is acknowledged as a result of negative comments that the father would have made, the Court is of the opinion that the evidence reveals a far more extensive form of denigration than that admitted by the parties. [ 50 ] In conclusion, the Court declares that the security or the development of the adolescent is endangered for the reasons alleged by the Director.

The Measures [ 51 ] The adolescent and the parents are asking for an immediate return home. Although reintegration is the objective of the intervention, a certain amount of time apart continues to be required in order to adequately prepare a return home.

The parents’ perception of the situation remains a cause for concern and requires further intervention. [ 52 ] The court agrees with the Director that extending the placement is necessary in order to: - Continue services with the A Centre; - Continue services with an educator to work on family issues; - Better develop the adolescent’s autonomy, life skills and ability to assert herself; - Work on communication and transparency; - Extend visits in order to proceed gradually with reintegration [14] ; [ 53 ] Taking into account the complex family dynamics, the Court is of the opinion that a further four months of placement is required to adequately prepare a return home.

A gradual reintegration is required to monitor and adjust the intervention in accordance with the evolution of the situation.

The subsequent social follow-up will then provide the assistance required to ensure a successful transition. [ 54 ] FOR THESE REASONS, [ 55 ] THE COURT: [ 56 ] GRANTS the motion; [ 57 ] DECLARES that the security and development of the adolescent are endangered as a result of psychological ill-treatment as well as physical abuse; [ 58 ] ORDERS that the adolescent remain in a rehabilitation centre for a period of four months ; [ 59 ] ORDERS that the parents report periodically to the Director on the measures they apply to put an end to the situation of endangerment; [ 60 ] ORDERS that the parents and the adolescent take an active

part in the application of the measures, including with the services of an educator; [ 61 ] ORDERS that the parents refrain from exposing the adolescent to any form of denigration or of verbal or physical violence; [ 62 ] ORDERS that the adolescent and both parents follow through with the recommendations made by Dr.

Carolyne Klein; [ 63 ] ORDERS that the frequency and modality of contacts between the adolescent and her family be determined by the Director; [ 64 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family, including the services of an educator; [ 65 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of the CIUSSS A shall then see that the measures are carried out; [ 66 ] THE WHOLE for a period of nine months. SIGNED IN TOWN A On June 5, 2019 __________________________________ KAREN OHAYON, J.C.Q.

Me Christine Waldvogel Attorney for the D.Y.P. Me Michael Khoury Attorney for the adolescent Me Guy-Luc Grondin Attorney for the parents Date of hearing: May 14, 2019