2017 QCCQ 5097, 2017 QCCQ 5097

Protection de la jeunesse — 172287 2017 QCCQ 5097 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031805-161 DATE : April 26, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2000 adolescent and A parent ______________________________________________________________________ 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 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 April 26, 2017. [ 2 ] For almost two years, the family was followed by the Director of Youth Protection (the Director) under voluntary measures agreements. This involvement was warranted as the mother and Mr. B exposed the adolescent and her siblings to incidents of conjugal violence.

The adolescent’s behavioural disturbances was also addressed in the voluntary measures. [ 3 ] The Director alleges that youth protection’s involvement is still necessary in order to address numerous issues with the family (conjugal violence, ensuring proper structure within the family). [ 4 ] The Director recommends that the adolescent remain entrusted to the mother’s care at the exclusion of Mr. B. The Director also recommends that aid, counsel, assistance and other support measures be put in place for a period of one year. [ 5 ] The mother and the adolescent are in agreement with the proposed plan.

Question in litigation [ 6 ] Are the measures proposed in the best interest of the adolescent and respecting her rights? Context and Analysis [ 7 ] From December 19, 2014, until November 27, 2016, X and her siblings were subject to voluntary measures due to exposure to conjugal violence. [ 8 ] The mother and Mr. B exposed the children to numerous episodes of conjugal violence. The police had to intervene on October 18, 2014, May 25, 2015 and October 8 2015. [ 9 ] On May 25, 2015, Mr. B was charged and arrested for assault.

These charges were later dropped. [ 10 ] Despite repeated encouragements, the mother and Mr. B have not participated in specialized services regarding conjugal

violence or separation. The mother took

part in services with Côté Cour. [ 11 ] X exhibits serious behavioural disturbances. She stole money from her mother. She was caught shoplifting. She was also caught in possession of marijuana. She was involved with negative peers and was not respecting house rules such as curfew. [ 12 ] From April 29, 2015 until November 27, 2016, X’s voluntary measures were modified to include measures addressing her behavioural difficulties. [ 13 ] X was placed in a rehabilitation centre from March 30, 2015 until June 30, 2016. She began her reintegration process in May 2016 and was fully integrated with her mother in June.

Since then, her behaviours have stabilized but the situation remains fragile. She does not always respect her mother’s rules and continues to exhibit defiance and attitude. She has connected with men over social media without her mother’s consent. [ 14 ] X express feeling psychologically and emotionally neglected by her mother. [ 15 ] X benefits from weekends in respite care in her former resource (Ms. C). [ 16 ] The mother and X have participated in mother/daughter therapeutic process with a social worker from CROM.

Their conflictual relationship continues to impact the family environment. [ 17 ] X had difficulty attending school on a regular basis. In September 2016, she was transferred to [School A]. She appears to have stabilized her school situation. [ 18 ] The mother still experiences difficulties in exerting her parental authority with X and her brother. She benefits from meetings with a psychologist regarding her anxiety. [ 19 ] In October 2016, contrary to the voluntary measures agreed in April 2016, Mr. B spent overnights at the mother’s residence.

The children were again exposed to incidents of verbal and physical violence between the mother and Mr. B. [ 20 ] On November 2, 2016, the Tribunal entrusted X and her siblings to the mother’s care at the exclusion of Mr. B. The Tribunal ordered that aid, counsel, assistance and other support measures be provided to the family until the main hearing. [ 21 ] At this point, the family has to deal with multiple stressors. The adolescent has to compose with the impact of the recent and past incidents of conjugal violence.

The mother has to deal with her personal medical issues as well as the situation of the maternal grandmother, who is in palliative care. The adolescent’s recent return to the family’s environment needs to be stabilized. X’s relationship with her mother and the definition of her role and tasks within the family remains an issue. This week, an educator started working with the family. THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38

f) and

c) of the Youth Protection Act ); [ 24 ] ORDERS that the adolescent remain entrusted to her mother’s care; [ 25 ] RECOMMENDS that the adolescent and her mother continue to receive psychosocial services; [ 26 ] ORDERS the suspension of contacts between the adolescent and Mr.

B unless authorized by the Director of Youth Protection; [ 27 ] ORDERS the mother to take every necessary steps to ensure that the adolescent is not exposed to conjugal violence; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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 May 4, 2017 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Josselin Breton Counsel for the adolescent Mtre Judith Shapiro-Knight Counsel for the mother Date of hearing: April 26, 2017