2018 QCCQ 17376, 2018 QCCQ 17376

Protection de la jeunesse — 188410 2018 QCCQ 17376 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 33524-182 Date: August 29, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2002 [Social worker 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 29, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a fifteen year-old adolescent, based on physical abuse or unreasonable methods of upbringing by her parents. [ 3 ] The facts alleged in support of the application dated January 26, 2018 are as follows: 3.1. the adolescent is the victim of bodily injury or is subjected to unreasonable methods of upbringing by the parents and the parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) on or around January 23, 2018, an incident occurred between the adolescent and her father whereby the father was verbally and physically aggressive towards the adolescent;

b) during the incident, a verbal argument escalated and the father grabbed the adolescent, forced her onto the floor, shoved a scarf into her mouth, and hit her a few times;

c) during the incident, the adolescent said that the father also pushed her against the door thereby injuring the back of her neck, and kicked her in the groin area;

d) the adolescent mentioned that in the past, during a physically aggressive argument, the father broke her middle finger;

e) the adolescent expressed that the father is often physically aggressive towards her during arguments;

f) on at least one (1) known occasion in the past as well, the mother was physically aggressive towards the adolescent in an effort to discipline her; 3.2. following the incident on January 23, 2018, police were called, and the father currently has conditions restraining his contacts with the adolescent along with criminal charges of assault;

3.3. following the incident, the adolescent went to live with her maternal grandmother and has been residing there ever since; 3.4. the adolescent behaves in such a way as to repeatedly and seriously undermine their physical or psychological integrity, and objects to the steps taken by the parents to put an end to the situation:

a) the adolescent has lived with her father for approximately the past year and a half;

b) prior to that time, she had been living with her mother;

c) around September 2016, the mother moved to [Country A] with the adolescent;

d) the adolescent lasted one (1) month in [Country A] with the mother, as her behaviours were very hard for the mother to handle, to the point where the mother resorted to using physical means of discipline;

e) since living with the father, the adolescent does not respect his authority or houses rules;

f) the adolescent becomes verbally aggressive and physically aggressive towards the father during arguments;

g) the father has bruising on his chest and a scratch under his right eye following the incident from January 23, 2018, which he says were inflicted upon him by the adolescent;

h) on a few occasions, while angered, the adolescent has punched holes in the walls of the home;

i) the father expressed that he is overwhelmed and requires help in order to learn how to discipline the adolescent (reproduced with errors and/or omissions). [ 4 ] The hearing on the merits began on March 21, 2018. The Director then recommended that the adolescent remain entrusted to her maternal grandmother for an interim period of four months. [ 5 ] Both the adolescent and her father agreed with the recommendations.

The adolescent’s mother, who did not attend the hearing, wrote an email from Country A also expressing her consent. [ 6 ] However, despite the consensus between the parties, the situation quickly deteriorated as conflicts arose between the adolescent and her maternal grandmother. Following police involvement, immediate protective measures were invoked.

The adolescent was placed in foster care and then entrusted to her paternal grandmother. [ 7 ] The hearing on the merits was continued on August 29, 2018. [ 8 ] The Director then recommended that the adolescent be returned to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 9 ] The parents, who were both present and chose to proceed without the assistance of legal counsel, expressed their consent to all the proposed measures. [ 10 ] The adolescent, assisted by Me Harvey, also consented to the proposed measures. [ 11 ] The Director filed Exhibits D-1 to D-7 as evidence: D-1: Adolescent’s birth certificate; D-2: Court Report, signed by Effie Vardatsikos, dated March 14, 2018; D-3: Police Report, dated January 23, 2018; D-4: Father’s criminal undertaking, signed on February 21, 2018; D-5: Final agreement in Superior Court (Family Division), signed by the parents on April 18, 2016; D-6: Email by the mother dated March 14, 2018; D-7: Addendum I, signed by Valentin Utaruhijimana, dated August 14, 2018. [ 12 ] In

summary, the parties acknowledge the need for ongoing social services to prevent the escalation of conflict in the family. [ 13 ] Although the father was acquitted of the charges pending against him, effectively exercising his authority in an appropriate manner remains challenging: […] X insulted and lacked respects toward her father because of his ongoing and unreasonable control and lack of understanding her needs and feelings. […] According to him, X is an oppositional youth and lacks respect. Mr.

B stated that he’s feeling challenged in dealing with X’s extreme outbursts when she does not get her way and he can hardly tolerate X’s vulgar language. [2] [ 14 ] Both father and daughter agree to participate in the Family Ties program to improve their relationship.

[ 15 ] As summarized in the report, it is crucial for the adults in the adolescent’s life to be as consistent as possible: […] the undersigned observed that the family’s dynamic is marked by a lack of trust and family members are likely to talk negatively about each other. X is exposed to that dynamic and subsequently she has a tendency to triangulate among family members for her needs. As such, the undersigned encouraged all adults in the family to refrain from talking negatively about each other and also be supportive in terms of decision making regarding X’s needs.

To mainstream the decisions, it was agreed that main decisions making would be done by Ms. C who had X’s entrustment and when X reintegrates fully the care of her father, both parents have to be supportive concerning X’s needs. X has been advised to stop the triangulation pattern. It is the undersigned’s opinion, that while the situation remains volatile and unstable, there is a room/hope that the situation will improve with consistent support.

The family members demonstrated to be transparent in terms of their relational difficulties but more importantly their difficulties in responding to X’s age expected/predictable behaviours and they’re all motivated to obtain support to learn adequate means of discipline and strengthening bonds with X. For X’s successful reintegration, the undersigned would strongly recommend that both X and especially Mr. B refrain from testing each other’s limit and pushing each other’s buttons. The undersigned commends Mr. B for being honest regarding his lack of emotional management and parental capacity towards his daughter.

Mr. B acknowledges his rigidity and demonstrates to be open to obtaining individual support. Ms. C’s involvement remains essential as X needs a female figure that she could trust. [3] [ 16 ] As for the mother, she remains very concerned about her daughter.

Although their relationship is tense, they are making efforts to deal with past anger and resentment and the mother intends to see her daughter every three months when she visits from Country A until she moves back to Canada within the next two years. [ 17 ] Contacts will be determined by agreement between the parties to ensure that adequate support is available if necessary. [ 18 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (e) (1) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 21 ] ORDERS that the adolescent be entrusted to the care of her father TAKING JUDICIAL NOTICE that she will spend two days a week with her paternal grandmother, Ms.

C; [ 22 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by agreement between the parties, including the Director Youth Protection, taking into account the adolescent’s wishes and best interest; [ 23 ] TAKES JUDICIAL NOTICE that the mother would like to communicate frequently with the adolescent and is planning to return to Montreal once every three months, if possible; [ 24 ] ORDERS that the adolescent and her father participate with an educator to help them address their communication issues and to help the father with parenting; [ 25 ] TAKES JUDICIAL NOTICE of the father and the adolescent’s willingness to participate in the Family Ties program; [ 26 ] RECOMMENDS that the adolescent participate in therapy to address her emotional needs; [ 27 ] STRONGLY RECOMMENDS that the father participate in an Anger Management program; [ 28 ] AUTHORIZES the Director of Youth Protection to have access and to share relevant information regarding participation and attendance with all professionals involved with the adolescent and her family; [ 29 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to keep any information regarding the adolescent confidential; [ 30 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and her family; [ 31 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 32 ] THE WHOLE for a period of one year.

Signed on October 1, 2018

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the adolescent TD/vl