2017 QCCQ 1277, 2017 QCCQ 1277

Protection de la jeunesse — 17361 2017 QCCQ 1277 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-031566-169 DATE : January 31, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 child and A B parents ______________________________________________________________________ JUDGMENT

Section 91 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 January 31, 2017.

Introduction [ 2 ] On October 25, 2016 the Tribunal followed the child and the mother’s recommendation and rendered an interim order, entrusting the child to her mother’s care, with support measures until January 31 2017. [ 3 ] The Tribunal wanted to ensure that the child was respecting her mother’s rules and that the mother was providing appropriate structure in a respectful way. [ 4 ] Today, the Director of Youth Protection (the Director) recommends that the child remain entrusted to the mother’s care, with support measures for a period of one year [ 5 ] The mother and the child are in agreement with this plan. [ 6 ] The father is absent but was duly notified of the present hearing as he was present at the last hearing.

The youth protection worker reported that the father would prefer for the child to be placed in a rehabilitation centre as he maintained a better relationship with her when she was placed. Question in litigation [ 7 ] What are the necessary measures in order to put an end to the situation of compromission?

Context and Analysis [ 8 ] On November 1, 2016, the father informed the youth protection worker that the child had called him to report that the mother had slapped her. [ 9 ] When the youth protection worker addressed this issue with the mother and the child, they both minimized the situation. [ 10 ] On November 15, 2016, the child confirmed to the youth protection worker, in presence of her student counsellor, that she had ongoing conflict with her mother. She confirmed that the mother had slapped her across the face for taking a sip of her drink and had

thrown a radio at her face. [ 11 ] During her testimony, the mother recognized that she hit the child. She mentioned that this incident happened following the child using inappropriate language while talking to the mother. The mother does not remember that a radio was thrown. [ 12 ] This behaviour is unacceptable. [ 13 ] The mother did not really discuss about the conflictual family situation with the youth protection worker, Ms. C. She mentioned that she is now more open with the new youth protection worker assigned to the file.

The mother testified to the effect that providing appropriate structure and consequences for the child is a learning process for the child and for herself. [ 14 ] During meetings in December 8, December 20, 2016 and January 5 2017, the situation at home appeared to have stabilized. [ 15 ] On December 20, 2016, the family started working with an educator, Ms. [Social Worker 1]. [ 16 ] The child receives support from an Art therapist at school and is followed by a psychiatrist every month. She continues to take her prescribed medication. [ 17 ] The child expressed being open to see a psychologist.

She would also be interested in participating in a therapeutic process with her mother. [ 18 ] On January 10, 2017, Ms. [Social Worker 2], student counsellor, informed the youth protection worker of new concerns. The child has confided in her that lately her mother has been “putting her down” and that she had thought about killing herself. The child has been cutting herself. [ 19 ] The child reports that it is difficult to adjust to her mother’s environment. She mentions that she cuts herself when she feels unwanted.

During an argument, her mother recently mentioned to the child that if she died, it wouldn’t be a lost. [ 20 ] Again, this behaviour is unacceptable. [ 21 ] The mother is still clearly adapting to the role of a parent who needs to provide coherent structure for a teenager in a respectful way. The child is also adapting to a mother who is sometime saying « no » to her requests.

They both need to find alternative ways to resolve conflicts and to live together in a safe, pleasant and stable environment. [ 22 ] The mother and the child have access to numerous support services (art therapist, individual counseling, family counseling, psychiatrist, educator, social follow up). Now, they need to be transparent and provide a real collaboration. They need to open themselves to suggestions and to communicate effectively. The situation at home remains fragile. [ 23 ] Since the last hearing, the father refuses to speak with the child as he perceived the child’s testimony as an insult.

The father mentioned to the youth protection worker that he would not be present in court. He reported not being ready to resume contact with the child. The child is saddened by this situation. THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] ORDERS that the child be entrusted to the care of her mother; [ 25 ] ORDERS that the frequency and modalities of contacts between the child and her father be determined by the Director of Youth Protection and TAKES JUDICIAL NOTICE that the visits should be encouraged; [ 26 ] ORDERS the parents to take an active

part in the application of the measures; [ 27 ] ORDERS the parents to support their daughter; [ 28 ] ORDERS the parents not to use any form of physical and / or verbal abuse towards their daughter; [ 29 ] RECOMMENDS that the parents not denigrate one another in the presence of the child; [ 30 ] RECOMMENDS that the child continue to seek individual counselling and that she continue to attend meetings with her psychiatrist and with her art therapist; [ 31 ] RECOMMENDS that the mother seek individual counselling and a family therapy; [ 32 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 33 ] THE WHOLE for a period of one year. [ 34 ] 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.

Signed on February 1, 2017 /cd Mtre Sym Davis Counsel for the Director of Youth Protection Mtre Luce James Counsel for the adolescent Date of hearing: January 31, 2017