2017 QCCQ 7808, 2017 QCCQ 7808

Protection de la jeunesse — 173341 2017 QCCQ 7808 JR 1585 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division» N° : 505-41-008625-172 DATE : March 30 th , 2017 ______________________________________________________________________ PRESIDED BY: THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of youth protection A , Applicant -and- X, born on [...], 2000 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ 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 ] The child, who is 15 years old, lives with her mother. The parents are separated and the mother has custody of her child since 2007. [ 2 ] The father is not involved in his daughter’s situation.

He has rare contacts with her and is not aware of her situation. He has a difficult past with the mother and cannot be present on the [Territory A]. [ 3 ] The Director of Youth Protection, acting through a duly authorized youth protection worker (the Director) petitions the Court with an Application for Protection, according to

Section 38 of the Youth Protection Act . [ 4 ] The Director alleges that the child has serious behavioral difficulties and recommends, essentially, that the child be entrusted to

the [Group Home A] for a period of 6 months with a social follow-up for a period of 1 year. [ 5 ] The father was served but not present. [ 6 ] The child and the mother are present. They agree to the measures proposed by the Director. [ 7 ] The proof reveals that the Director has been involved for many years in the family’s situation. The Court also rendered certain measures in the past mainly because of the violence of the father towards the mother. Certain services were also requested by the mother to help the child deal with her anger.

However, she did not always follow through. [ 8 ] The Director states that the child has indeed serious behavioral difficulties more particularly: • She is aggressive towards family members; • She does not respect parental authority; • She uses drug; • She has a conflictual relationship with her 17 years old boyfriend; • She struggles academically because of her attitude and attendance. [ 9 ] On February 27 th , 2017, the Peacekeepers had to intervene at the mother’s residence because the child was acting out and has violent outbursts.

She was entrusted to a reception center on a provisional compulsory foster care. [ 10 ] On March 8 th , 2017, the Court entrusts the child provisionally to the [Group Home A]. [ 11 ] The child mentions that she likes her new environment. However, she would like to visit her mom. She denies having an abusive relationship with her boyfriend, saying that they are just arguing. [ 12 ] She knows she has to put more efforts in school and need to work on her anger management.

She is willing to receive a psychological follow-up. [ 13 ] The mother is also open to counselling. [ 14 ] The situation commands that she remain in a more structured environment offered by a group home. She will receive the support she needs to work on her behavior and on the relationship with her mother. [ 15 ] The Court is also sensible to the fact that the family has a long history of youth protection due to violence.

The child has witnessed many things as a young child and needs to receive psychological services to be able to work on her anger. [ 16 ] After having received the admissions, taken the reports produced and the testimonies heard into consideration, the Court concludes that the security and development of the child are in danger according to the terms of

Section 38

f) of the Youth Protection Act and that the situation gives rise to the measures sought. FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X are in danger; [ 19 ] ORDERS that the child be entrusted to the [Group Home A], for a period of 6 months; [ 20 ] ORDERS that the contacts between the child and the mother be following an agreement between the parties; [ 21 ] ORDERS that the contacts between the child and the father be following an agreement between the parties and in the presence of a third party chosen by the Director; [ 22 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered; more particularly that they involved themselves in the intervention plan; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family for a period of 1 year; [ 24 ] ORDERS that the child receive certain healthcare and health services namely a psychological assessment to evaluate her anger issues and that she follows any recommendations made by the attending psychologist; [ 25 ] RECOMM ENDS that the mother can have counselling for her personal difficulties; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgment.

________________________________ Mélanie Roy, J.C.Q. M e Mylène Francoeur Lawyer for the D.Y.P. M e Alexandre Niquette Lawyer for the child