2018 QCCQ 20742, 2018 QCCQ 20742

Protection de la jeunesse — 1811536 2018 QCCQ 20742 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-034496-182 DATE : December 6, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection A Applicant A Father B (deceased) Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security or the development of X is endangered as a result of psychological ill-treatment, a serious risk of physical abuse and behavioural disturbances. [ 2 ] The adolescent’s mother recently passed away and her father is absent from her life.

The Director alleges that since her mother’s passing, the adolescent’s two maternal uncles have been psychologically and physically abusive towards her, leading to suicidal behaviours. [ 3 ] Consequently, the Director is proposing that the adolescent remain entrusted to her brother along with a social follow-up and various corrective measures for nine months. [ 4 ] The majority of the allegations are admitted by the adolescent who consents to the measures proposed. [ 5 ] The father’s address is unknown despite the Director’s attempts to locate him.

The State of Endangerment [ 6 ] The Director received three reports regarding the adolescent in September 2018. The investigation that followed revealed the following: [ 7 ] In the wake of her mother’s death in July 2018, two maternal uncles assumed a parental role towards the adolescent and began to oversee all decisions related to the family. The situation quickly deteriorated as a result of the adolescent’s refusal to conform to religious and cultural expectations, particularly regarding the wearing of a hijab.

A further source of conflict pertained to the uncles’ refusal to allow her out of the home on the weekends. [ 8 ] In the weeks that followed, the adolescent was exposed to a litany of denigrating and hurtful comments from her uncles, ranging from calling her a whore to blaming her for her mother’s suicide. [ 9 ] After a month of living with one of her uncles, it was decided that the adolescent would live with her brother, with whom she has a close relationship.

Nevertheless, her uncles would check on her daily and persisted in their attempts to control her behaviour. [ 10 ] In the course of an interview with the social worker, the adolescent also revealed having suffered physical abuse at the hands of

her uncles. She has been kicked on multiple occasions and hit with a lunch box or an IPad, generally for failing to respect her uncles’ wishes regarding her social relations and behaviours. [ 11 ] In this context, the adolescent began to demonstrate self-harming behaviour by cutting her left forearm. She has also expressed suicidal ideation and brought bleach to school with the intention of ingesting it. [ 12 ] One of the maternal uncles was interviewed by the social worker charged with assessing the reports.

He expressed great concern about the adolescent’s behaviour (smoking, drinking alcohol, dressing provocatively, lying and stealing) and explained that he attempts to impose limits in order to ensure her safety. Understanding her current unhappiness, he agreed to take a step back and allow the adolescent’s brother to manage the situation. [ 13 ] The adolescent’s brother accepts his sister’s views regarding religion and does not pressure her in any way. Nevertheless, he also expresses concern regarding her tendency to put herself at risk.

Although he understands her desire for freedom, he reproves her belief that she alone should dictate what she does. [ 14 ] Regarding their mother’s death, the brother explains that she suffered from chronic and longstanding mental health issues, including anxiety and depression, which led to her suicide. He affirms that the adolescent has no blame in her mother’s death and agrees that she requires services to help her through the bereavement process. [ 15 ] Since her mother’s passing, the adolescent has had little if any access to counselling and support.

Moreover, her conflicted relationship with her uncles has significantly contributed to her distress, leading to harmful behaviours. [ 16 ] Considering the evidence as a whole, the Court concludes that the security and development of the adolescent is endangered for the reasons alleged by the Director. The Measures [ 17 ] On September 28, 2018, the adolescent was provisionally entrusted to her brother along with a social follow-up and a provision limiting contact with her uncles.

Since then, the situation has been closely monitored by the case worker. [ 18 ] Regarding therapeutic intervention, the adolescent was offered grief counselling services but her file was closed when she failed to attend the last three appointments. The worker is currently looking for substitute services. The adolescent is also on a wait list for psychological services.

The court encourages the adolescent to assiduously partake in these services once they become available. [ 19 ] At home, the services of an educator are in place in order to assist the brother with the implementation of appropriate structure and supervision.

Although his collaboration is not an issue, his ability to maintain consistency is not yet assured. [ 20 ] Contact between the adolescent and her uncles has been restricted and to date, they respect the adolescent’s wishes on the subject. [ 21 ] After considering all of the evidence, the Court concludes that the measures proposed by the Director are in the adolescent’s best interest. [ 22 ] FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security and the security of the adolescent are compromised as a result of psychological ill-treatment, serious risk of physical abuse as well as behavioural disturbances; [ 25 ] ORDERS that the adolescent be entrusted to the care of her brother C; [ 26 ] ORDERS that the brother ensure that the adolescent is not exposed to violence within the family; [ 27 ] ORDERS that the Director provided the adolescent with health services required namely therapeutic services to process her mother’s death and to support her mental health and emotional well-being, subject to the adolescent’s consent; [ 28 ] ORDERS that the adolescent and her brother continue to work with the social worker; [ 29 ] TAKING JUDICIAL NOTICE of the adolescent’s consent; AUTHORIZES the Director to receive and exchange pertinent information with service providers working with the family; [ 30 ] ORDERS that the brother not leave the adolescent alone with either of her maternal uncles; [ 31 ] AND CONSIDERING the absence of the father, WITHDRAWS from the father the exercise of certain attributes of the parental authority regarding the adolescent’s health, education and extracurricular needs and GRANTS them to the brother; [ 32 ] WITHDRAWS from the father the exercise of certain attributes of the parental authority regarding travel and the obtaining of a passport for the adolescent and GRANTS this exercise to the Director; [ 33 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and her family; [ 34 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 35 ] THE WHOLE for a period of 9 months. SIGNED IN TOWN A On December 20, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Dominique Douglas Attorney for the D.Y.P. Me Christian Benoit Attorney for the adolescent Date of hearing: December 6, 2018 KO/lf