2022 QCCQ 12414, 2022 QCCQ 12414

Protection de la jeunesse — 227367 2022 QCCQ 12414 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-040474-223 DATE: December 15, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 9.2, 9.3 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 December 15, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent has been the victim of bodily injury by her father and psychological ill-treatment. [ 3 ] Today, the Director recommends that the adolescent be placed in a confidential foster family and that support measures be ordered for eight months. [ 4 ] The parents and the adolescent agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and analysis [ 6 ] The adolescent reported that on September 22, 2022, her father hit her with a short extension cord on multiple parts of her body, including her arms, her legs and buttocks. [ 7 ] At the time, the father appeared to be in a rage as he had gone to her place of work to pick her up and she was not there.

The adolescent had not informed her parents of her change of shift and lied about her whereabouts. [ 8 ] During her interview with the Youth Protection worker, the adolescent mentioned that she deserved being whipped by her father as she had lied to her parents. [ 9 ] The adolescent also reported that she gets beaten, at least twice per year and that the last incident occurred in May 2022 as her marks were declining. The adolescent mentioned being hit, in the past, with a wire, a spoon or open hand. She was fearful to return home.

[ 10 ] The adolescent mentioned that her mother had been frequently verbally and psychologically abusive towards her, that she used denigrating comments and threats of physical discipline. [ 11 ] In May 2021, the adolescent was seen at the hospital in relation with suicidal ideations. It was then recommended that she engage in a therapeutic follow-up, but the adolescent refused to take

part in such process as she did not want to burden her family. [ 12 ] The parents acknowledged the September 2022 incident but denied any other physical discipline. The father confirmed that he had used physical discipline with all his daughters and that he believed that this was an effective way of disciplining his children. [ 13 ] The parents and the child’s attorneys agreed for the content of the report to be considered as the adolescent’s testimony. [ 14 ] On September 23, 2022, immediate protective measures were invoked, and the adolescent was entrusted to a friend’s home.

This resource was to be confidential for the parents. [ 15 ] On September 27, 2022, the Tribunal ordered the provisional foster care of the adolescent in a confidential foster family. [ 16 ] Following the Court hearing, the adolescent was placed in a confidential foster family. On October 3, 2022, the adolescent transferred to a different confidential foster home. She adapted well to this new environment. [ 17 ] The adolescent’s mental health remains fragile. On November 15, 2022, she experienced suicidal ideations. [ 18 ] The father is in the process of contacting services providers to take

part in anger management program. This process might have its limits as the father does not speak English nor French. [ 19 ] On October 26, 2022, despite the Court order, the mother sent a text message to the adolescent. [ 20 ] Since November 4, 2022, an educator was assigned to support the family in identifying and applying appropriate means of discipline. This service will be very important to support change in the family situation. [ 21 ] On November 17, 2022, a supervised visit with the adolescent was organized at her family’s home. Interactions between the adolescent and her sisters were difficult.

The adolescent did not want to interact with her father. The mother displayed appropriate affection for her daughter and engaged in discussion. For now, the adolescent is not ready to continue physical contact, but this could change in the future. [ 22 ] On November 22, 2022, the adolescent disclosed that she had been sexually abused by her maternal uncle, Mr. C when she was 13 and 15.

As there is no contact between the adolescent and her maternal uncle, the Director did not retain the signalement. [ 23 ] The adolescent still blames herself for the Director’s involvement and for the impact it created within her family. At this point, she does not wish to maintain further contact with her family. The Youth Protection worker described that [1] : (the adolescent) has expressed that she needs time to heal, and for her parents to acknowledge the impacts of their actions before reinitiating any form of communication or reintegration.

Further intervention is necessary to sensitize the parents to the consequences of their actions and help foster a healthy parent-child relationship that favours (the adolescent’

s) security and development. [ 24 ] Considering the rhythm of the adolescent and her parents, it is too early to reintegrate the adolescent to her family environment. The adolescent and her parents will have to work intensively to address their issues. THEREFORE AND FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the application for protection; [ 26 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38

c) and 38 e) 1 of the Youth Protection Act ); [ 27 ] ORDERS that the adolescent remain in a confidential foster home; [ 28 ] ORDERS that the family continue to work with a [educator of organism A]; [ 29 ] ORDERS, given the adolescent’s consent, that she receives psychosocial support for her mental health and TAKES JUDICIAL NOTICE that she has agreed to a CLSC referral; [ 30 ] ORDERS that frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection, including supervision if deemed necessary, taking into consideration the adolescent’s wishes; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 32 ] THE WHOLE for a period of eight months;

[ 33 ] 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. Written and signed on December 20, 2022 /cd Mtre Hanane Loumi Counsel for the Director of Youth Protection Mtre Mylène Saad Counsel for the adolescent Mtre François Pelletier Counsel for the mother Mtre François Pelletier Counsel for the father Date of hearing: December 15, 2022