2022 QCCQ 11114, 2022 QCCQ 11114

Protection de la jeunesse — 222919 2022 QCCQ 11114 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] «Youth Division» N° : 505-41-010731-216 DATE : February 24, 2022 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on […], 2006 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G M E N T

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (Director) presents an application for protection in the matter of the fifteen year child X. [ 2 ] The Director alleges that the security and the development of the child are in danger for the following reasons: ➢ Parental neglect on educational level; ➢ Serious behavioural disturbance of the child. [ 3 ] The Director recommends, as key measures, to entrust the child to her maternal grandmother with a social follow-up for six months.

Position of the parties [ 4 ] The parents and the child are of the opinion that the security and development of the child are not in danger and do not want the intervention of the Director. [ 5 ] If ever the Court were to conclude otherwise, they would like the child to be entrusted to her parents, in share custody, and limit to three months the social follow-up of the Director.

Description of the situation and Analysis [ 6 ] The mother used to assumed custody of the child. The mother reports that the child has had temper tantrums since early childhood. Over the years, the child's temper tantrums have increased. The mother tried by her interventions, some skillful, some less advised, to appease the familial atmosphere, without success. [ 7 ] About one year ago, the mother entrusted the child to her father as a solution.

The mother explains that she couldn’t cope anymore with the screams and meltdowns of the child. [ 8 ] The relationship between the mother and the child at that time had so deteriorated that the child decided not to visit her mother for the following year. The mother then remained very little involved in the life of her child feeling that it was the best way for the child to cool down [ 9 ] As for the father, it was a challenge for him to adjust to his child’s behavior as a full time parent. There were times where he lost control, making offending remarks to the child which he recognizes he shouldn’t have made.

An incident is also reported were the father got angry to the point that he pushed a dresser who then overturned. [ 10 ] The situation seriously deteriorated in fall 2021. The child had suicidal thoughts for a few weeks before ingesting, on October 15 th , 10 pills of Tylenol. She was brought to the hospital and discharged the same day with a recommendation for family therapy and an individual follow-up for the child.

During the hospitalisation, the father revealed that he was providing marihuana to his 15 years old child to make sure she wouldn’t consume marihuana from the street that could be mixed with other drugs. [ 11 ] The child followed through with the recommendation and is involved in an individual counselling offered at [organism A]. On the other hand, family therapy has not been implemented since the parents are waiting for the Director to make the arrangements, but are not proactive on their part. [ 12 ] On November 2 nd , the child ingested again 26 pills of Tylenol and Advil.

She was brought to the hospital and discharged the next day after being seen by a psychiatric team. [ 13 ] On November 4 th , the parties agreed to entrust the child to her maternal grand-mother while the Director would evaluate the situation. [ 14 ] On November 19 th , an argument between the father and the child took place where the father felt necessary to call Peacekeepers who brought the child to [organism A]. Upon arrival and for about two hours and a half, the child had a meltdown and was in rage. Ambulance was called when she hyperventilated and punching the walls.

She was brought to the hospital an soon after to a reception center. [ 15 ] On November 22 nd , the Court entrusted the child to her maternal grand-mother. [ 16 ] Since then, the situation evolves positively. [ 17 ] The child his making progress. The counselling she is receiving is beneficial, even though she would prefer to avoid addressing some issues with her parents. [ 18 ] The mother has undergone a traditional therapy focussed mainly on her relationship with her daughter. [ 19 ] All family members are opened to a family therapy. [ 20 ] The child attends school regularly.

Until recently, she was severely bullied, including being beaten up. Fortunately, she’s not experiencing theses mistreatments anymore. [ 21 ] Furthermore, the maternal grandmother is intensively involved with all family members to mediate, appease the family atmosphere in case of crisis and suggest solutions. Recently, an important meeting took place were she made sure that parents and child understood one another’s expectations and that a safe and secure structure be implemented. [ 22 ] The maternal grandmother is a wise and experienced person involved in the community.

She is able to be an effective and resourceful intervener to ensure the well-being of the family. [ 23 ] The Court concludes that the security and development of the child are in danger for the reasons alleged by the Director. [ 24 ] The Court concludes that the social follow-up of the Director would be beneficial for the family for a period of three months. In doing so, the Court considers the progress made by each family member and the ability of the maternal grandmother to support the family on a longer term.

Finally, the Court takes for granted that family members will partake into a family therapy and that the child will go on with her individual counselling at least for the duration of the judgment. [ 25 ] Finally, The Court informs the parties that they must absolutely avoid falling into the trap of placing the responsibility for the situation on the child. All parties must feel concerned, including the parents, for the situation to improve.

FOR THESE REASONS, THE COURT: [ 26 ] GRANTS in part the application; [ 27 ] DECLARES that the security and the development of the child X are in danger for the following reasons:

➢ Parental neglect on educational level; ➢ Serious behavioural disturbance of the child. [ 28 ] ORDERS that the child be entrusted to her parents, in shared custody, and that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child are in danger; [ 29 ] ORDERS that the child and the parents take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 31 ] ORDERS that the child attend a school; [ 32 ] ORDERS that the child continue her involvement in an individual counselling; [ 33 ] RECOMMENDS a family therapy; [ 34 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 35 ] THE WHOLE for a period of three (3) months. ________________________________ Mario Gervais, J.C.Q.

M e Adrienne Fournier-Sirois Attorney for the Director M e Charlotte Vanier-Perras Attorney for the child Date of hearing: February 7, 2022