2020 QCCQ 10815, 2020 QCCQ 10815

Protection de la jeunesse — 204111 JL5004 2020 QCCQ 10815 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-005845-192 DATE : JANUARY 17, 2020 ______________________________________________________________________ BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X, Born on [...], 2002 Adolescent And A B Parents JUDGMENT

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 ] On June 7 2019, the Director of youth protection (the Director) received a report stating that the adolescent is victim of

[ 1 ] On June 7 2019, the Director of youth protection (the Director) received a report stating that the adolescent is victim of physical abuse by the father. Another report is received on June 17, 2019 regarding episodes of violence within the family. [ 2 ] After assessing the situation, the Director considers that the security and the development of the adolescent are in danger for educational neglect because of the parents inappropriate reactions to her behaviors. The Director asks the tribunal to intervene in the family for this reason.

He recommends, among other measures, that the adolescent resides with her mother and that a social follow up be provided until [...], 2020. POSITION OF THE PARTIES [ 3 ] The parents consent to the intervention of the Director for the above mentioned reason. They recognise the content of the report and accept the proposed measures.

They intend to collaborate with the Director to put an end to the situation of compromission. [ 4 ] The attorney responsible for representing the adolescent considers the intervention of the Director justified and the measures in the best interest of his client. [ 5 ] The adolescent has a younger sister, Y, who is also the subject of a motion for protection for similar reasons. By consent of all parties, the tribunal conducted a joint investigation for the two children. THE FACTS [ 6 ] The relationship between the adolescent and her parents has been problematic for several years.

Arguments are frequently escalating in verbal, and sometimes, physical conflicts. [ 7 ] On June 7, 2019, the father poured margarine all over her while helding her down to her bed. The adolescent called the police to report the incident. It is this situation that led the Director to intervene. [ 8 ] The adolescent expresses being tired of her father’s attitude towards her. He calls her names and he brakes things in her room. Regularly, the father tells her to leave the house. That’s exactly what happened on June 7, 2019. However, this time, the adolescent remained at a friend’s place for the entire summer.

She admits to talk back to her father during conflicts. [ 9 ] The parents separeted in September 2019. Since then, the adolescent lives with the mother and her younger sister Y. She refuses to see her father. [ 10 ] The relation between the adolescent and the mother is also marked by conflicts. There have been incidents where the mother slapped the adolescent or tried to strangeled her to shut her up. The adolescent responds the same way. [ 11 ] The parents recognize that there are many arguments at home and that everyone uses vulgar language and screams.

They do not know how to react properly during the conflicts. Both parent aknowledge that they are incoherent when it is time to apply authority. They describe the adolescent has being controlling and stubborn until she gets what she wants [ 12 ] The father admits that he never imposed consequences to the adolescent. He explains that he grew up in a very strict and rigid environment, that’s why he his against rules and consequences. He recognises being stubborn himself and impatient.

DECISION [ 13 ] The evidence presented at the hearing allows the tribunal to conclude that the security and the development of the adolescent are in danger for the reason identified by the Director. Besides, all parties agree. [ 14 ] The conflictual family dynamic has been going on for many years now. The parents now realise that their lack of authority is the main reason of the difficult relationship they have with the adolescent. They both agree they need support to improve the situation.

However, time is against the family since the adolescent will turn 18 next [...]. [ 15 ] The father needs to collaborate with the Director to find durable solutions to ameliorate the communication with the adolescent. He mentioned to the Tribunal that he will do everything for the good of his daughter. The tribunal believes him. [ 16 ] It is also crucial that the parents develop better co-parenting skills. [ 17 ] CONSEQUENTLY AND FOR ALL THESE REASONS, THE TRIBUNAL : [ 18 ] GRANTS the motion for protection; [ 19 ] DECLARES that the security and development of X are in danger under paragraph b) 1) iii) of

section 38 of the Youth Protection Act ; [ 20 ] ORDER that X remains with her mother; [ 21 ] ORDERS the adolescent and the parents undertake to take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 23 ] THE WHOLE, until her majorité on [...], 2020; [ 24 ] ENTRUSTS the situation of X to the DYP A for the enforcement of this order;

February 11, 2020 __________________________________ LISA LEROUX, J.C.Q. This is the written and reasoned version of the oral judgment handed down on January 17, 2020 in accordance with

section 90 of the Youth Protection Act . Mtre. Annie MIELE Counsel for the Directeur de la protection de la jeunesse Mtre. Éric OUELLETTE Counsel for the adolescent A Mother not represented B Father not represented LL/hl