2021 QCCQ 15735, 2021 QCCQ 15735

Protection de la jeunesse — 219283 2021 QCCQ 15735 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006605-219 DATE: August 26, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2005 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applies for a one year protection order in regards to the youth’s exposure to an inappropriate family dynamic and educational neglect. [ 2 ] The youth and her mother consent to the Director’s evaluation and recommended orientation. [ 3 ] The father is aware of the situation and offers his position by way of e-mails to the caseworker (exhibit P-1), wherein he contests the orientation as not adequately addressing the issues or his daughter’s interests.

While taking his position in consideration, the Court proceeds in his absence. [ 4 ] After evaluating the evidence, the Court endorses the conclusions sought by the Director. The following facts justify this decision. Analysis and decision [ 5 ] On April 26, 2021, the Director retains a report as to the youth in regards to a situation of psychological ill-treatment and educational neglect in her maternal environment. [ 6 ] She resides with her mother and half-sister Izabelle. [ 7 ] Until early 2020, she was residing with her father.

She decides to move out of her father’s home, stating she was not feeling great living there. In July 2021, the mother obtains custody of the youth by way of a Superior Court judgment. [ 8 ] Few contacts occur between the youth and her father since she returns to live with her mother. Both offer different perceptions as to the reasons for this. [ 9 ] The youth states not wanting contacts because her father blamed her for her grandmother’s death. Her father considers that his daughter has been brainwashed by her mother in order to destroy their relationship.

He wishes to renew contacts with her, but refuses to work with the Director as he considers it a waste of time in the circumstances. [ 10 ] The youth and her mother have a positive relationship. [ 11 ] Concurrently, the youth is exposed to persistent elements of instability in her mother’s environment. [ 12 ] For many years, the mother maintains an unstable relationship with Mr. C, with whom she shares two children. [ 13 ] Mr. C has drug consumption issues and related anger management issues, to which the children have been repeatedly exposed.

The conjugal dynamic is oftentimes conflictual, leading to repeated separations. [ 14 ] In the last school year, the youth accumulated significant school absences because the family was spending time at Mr. C’ home. In order to avoid failing her year, she decides to stop her schooling and resume in September. [ 15 ] The mother is able to recognize the toxic nature of her relationship. She recently affirms having again decided to separate. [ 16 ] This is the second time the Director intervenes for similar reasons.

The mother admits having failed to be transparent as to this relationship in the past. [ 17 ] The evidence convinces the Court of the situation of endangerment as presented by the Director, stemming from psychological ill-treatment and educational neglect. [ 18 ] The mother has repeatedly put her children’s interests behind her own by prioritizing her unhealthy relationship with Mr. C.

Her inability to deal with these personal issues have led to the youth being subjected to instability in her family environment as well as repeated inappropriate behaviors. [ 19 ] Protective measures are required to stem the risk of instability and discontinuity and allow the youth to pursue her development in an environment which responds to her needs on all levels. [ 20 ] For the mother, adapted services should be put in place to allow her to address the issues which impede her parental role. [ 21 ] As to the contacts between the youth and her father, the Court concludes that this is also contributive to the risk of instability which is the foundation of the situation of endangerment.

The youth needs to address the present situation in order to understand and better deal with her feelings as to her father. [ 22 ] As such, the Court mandates the Director to offer aid and counsel to the youth and her father in regards to resuming their communication and finding ways to move forward to heal the breach of their relationship. Their active participation is further expected by order of the Court.

FOR ALL THESE REASONS, THE COURT: [ 23 ] GRANTS the application for protection; [ 24 ] DECLARES the security and the development of the youth in danger for the following reasons: • psychological ill-treatment (article 38c) Youth Protection Act ); • educational neglect (article 38b)1)iii) Youth Protection Act ); [ 25 ] MAINTAINS the youth in her maternal environment; [ 26 ] ORDERS that the contacts between the youth and her father be following agreement between the parties; [ 27 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures that apply in their own regard or their child’s regard to put an end at the situation in which her security or development is in danger; [ 28 ] ORDERS that the youth and her parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and her family; [ 30 ] ALL THESE MEASURES for one year; [ 31 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment; __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Karell Michaud Attorney for the Applicant Me Karine P. Poissant Attorney for the youth Date of hearing: August 26, 2021 Date of signature: October 19, 2021