2017 QCCQ 16025, 2017 QCCQ 16025

Protection de la jeunesse — 176680 2017 QCCQ 16025 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032917-171 DATE : September 15, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) and order of interim measures ______________________________________________________________________ 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 September 15, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent is victim of bodily injury by her older brother, Y, and that the mother fails to take the necessary steps to put an end to the situation.

The Director also alleges that the adolescent is subjected to psychological ill treatment. [ 3 ] On August 11, 2017, the Tribunal ordered the provisional compulsory foster care of the adolescent in a foster family. [ 4 ] Today, the Director recommends that the adolescent remain placed in a foster family and that support measures be ordered for an interim period. The Director only wishes to proceed regarding the psychological ill treatment. [ 5 ] The mother and the adolescent are in agreement with the proposed plan. [ 6 ] The father is absent.

Question in litigation [ 7 ] Are the recommendations made in the best interest of the adolescent and are they respecting her rights? Context and Analysis [ 8 ] The adolescent has a conflictual relationship with her older brother, Y. She reports that her brother has been verbally abusive towards her, calling her names. On July 22, 2017, during a physical altercation between the siblings, Y punched the adolescent on her head. He continued to punch and kick her in the thorax while she was lying on the ground. [ 9 ] When the mother arrived, she found the adolescent semi-conscious on the floor.

Following this incident, the adolescent was

diagnosed with having a cranial trauma and a concussion. [ 10 ] The family planned for Y to be moving, on August 23 rd , 2017, to Florida to reside with his father. Consequently, the Director considers that the security or development of the adolescent is no longer endangered in relation to the physical abuse. [ 11 ] The adolescent is regularly asked to care for her younger siblings. She is also responsible for many of the household chores. She feels overwhelmed with these responsibilities. [ 12 ] The mother and the adolescent have numerous conflicts in relation to the adolescent’s sexual orientation.

The adolescent reports being treated differently than her other siblings and feels isolated from her family. [ 13 ] The adolescent has expressed suicidal ideations. She also engaged in self-harming behaviours. [ 14 ] On July 25, 2017, following the signature of a provisional agreement, the adolescent was entrusted to a third party, Ms. C. As this family is no longer deemed suitable to care for the adolescent, she was moved to the foster family of Ms. D on August 9, 2017.

On August 11, 2017, the Tribunal ordered the provisional compulsory foster care of the adolescent in a foster family. [ 15 ] The adolescent expressed being fearful to return living in her mother’s residence. She is open to work on different issues with her mother but is not ready to integrate her mother’s home on a full time basis. The adolescent would also like to move in with her father in Florida. [ 16 ] The mother is collaborating with the Director.

She is willing to consider different options regarding the care of her daughter, including an entrustment to the father in Florida. [ 17 ] The father lives in the United States and has had minimal contacts with the adolescent through social media. Steps have been taken to have the father’s milieu being evaluated by International Social Services. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] DECLARES that the security or development of the adolescent is compromised (

section 38

c) of the Youth Protection Act ); [ 19 ] SETS the continuation of the hearing in front of the undersigned on January 16, 2018, in room 2.02; [ 20 ] In the meantime: [ 21 ] ORDERS that the adolescent remain placed in a foster family for a period of three months and AUTHORIZES a progressive reintegration home as of now; [ 22 ] ORDERS that the frequency and modalities of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 23 ] ORDERS that the parents collaborate with the Director of Youth Protection, including meeting with the caseworker upon request; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 25 ] 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 October 6, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Mtre Maïa Sureau Counsel for the mother Date of hearing: September 15, 2017