2011 QCCQ 13421, 2011 QCCQ 13421

Protection de la jeunesse — 114541 2011 QCCQ 13421 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-021117-080 Date: August 12, 2011 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE, Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 12, 2011, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision and extension of an order rendered by the undersigned, on December 17, 2010, whereby the now 14 year-old adolescent, X , was entrusted to her mother with aid, counsel and assistance for a period of one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 on May 29 th , 2011, the child and the mother had a verbal altercation, whereby the child was verbally abusive towards the mother; 3.2 following this altercation, the child spent the night at the home of the mother's cousin, Mrs.

C, and has remained there since that time; 3.3 the child is refusing to reintegrate the mother's home; 3.4 approximately one week later, the child visited her mother, and a verbal altercation occurred between them on that occasion; 3.5 the child had her ankle injured during this altercation, however, there is a discrepancy in the explanations of the child and the mother as to how this injury occurred; 3.6 the maternal aunt, Mrs. D, was assessed and approved by the Director of Youth Protection as being a possible caregiver for the

child; 3.7 the mother is in agreement with this plan (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to the care of her maternal aunt, Mrs. D, with aid, counsel and assistance, as well as additional corrective measures, until she reaches the age of majority, on […], 2014. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The adolescent, assisted by Me Pauline A.

Laforce, also admitted most of the alleged facts and consented to the proposed measures. [ 7 ] The Director filed Exhibit D-1 as evidence: D-1: Court Report dated August 5, 2011 by [the social worker 1]. [ 8 ] In

summary, the evidence clearly establishes that the adolescent's relationship with her mother is too strained to allow her to safely remain in her mother's care. [ 9 ] The adolescent strongly disapproves of what she perceives to be her mother's promiscuous and inappropriate behaviour. [ 10 ] As summarised in the report « mother and X's positions are so entrenched that conflict would only escalate. » [1] [ 11 ] The adolescent is extremely angry and resentful towards her mother and needs continued support to deal with the trauma she has experienced and its repercussions. [ 12 ] Counselling is very strongly recommended to help the adolescent recognize her mother's efforts, despite her shortcomings, and to improve their relationship. [ 13 ] The adolescent was first entrusted to her aunt on July 7, 2011, on a provisional basis, as recommended by the Director, and with the consent of each of the parties. [ 14 ] The adolescent's aunt is capable of providing a safe and secure environment for the adolescent to evolve at her own pace. [ 15 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest. [ 16 ] THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that X be entrusted to the care of her maternal aunt, Mrs.

D; [ 20 ] ORDERS that X refrain from using verbal violence including threats, denigrating and/or name calling towards her mother; [ 21 ] ORDERS that the mother continue to refrain from all forms of physical or verbal violence towards X; [ 22 ] ORDERS that X follow the house rules and remain respectful of her mother during visits to the family home; [ 23 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection, including supervision by a third party approved by the DYP, if deemed necessary; [ 24 ] ORDERS that the family fully collaborate with the Director and meet with the worker upon request; [ 25 ] STRONGLY RECOMMENDS that X continue with her individual counseling; [ 26 ] STRONGLY RECOMMENDS that X and her mother benefit from joint counseling, as soon as they are ready to do so; [ 27 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with the service providers working with the family; [ 28 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family; [ 29 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 30 ] THE WHOLE until the adolescent reaches the age of majority, on […], 2014.

TAYA DI PIETRO, Q.C.J. Me Isabelle Loranger Attorney for the Director of Youth Protection Me Pauline A. Laforce Attorney for the adolescent Judgment rendered verbally on August 12, 2011 . TD/vl