2023 QCCQ 8847, 2023 QCCQ 8847

Protection de la jeunesse — 234956 2023 QCCQ 8847 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] Youth Division No: 525-41-041269-234 DATE: September 6 th , 2023 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION CIUSSS A Applicant -and- X Born on […], 2007 -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT IN PROTECTION [1] (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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent X who will turn sixteen (16) in a few weeks. The Director is asking that the adolescent be entrusted to the care of her father for a period of six (6) months.

It is understood that the adolescent would maintain regular contacts with her mother. [ 2 ] The adolescent and her father are in agreement with the measures recommended. [ 3 ] The mother accepts the choice made by her daughter to live with her father, but it is not her first choice. She would have preferred that the adolescent be entrusted to both her parents. ANALYSIS [ 4 ] The parties had agreed, on a provisional basis, to various measures that were then ordered on May 11 th , 2023. At the same time, the parties recognised the reasons supporting the involvement of the Director.

The facts admitted by the parties illustrate fully the endangerment of the situation of the adolescent. [ 5 ] The agreement submitted in May 2023 reveals that: • The security and the development of the adolescent are endangered in accordance to sections 38 B(1)iii, C, E(1) and F of the Youth Protection Act. • The family was followed by the Director of Youth Protection under Agreement on voluntary measures for issues pertaining to exposure to conjugal violence and parental conflict from 2019 to 2021; • The adolescent has serious behavioural difficulties more particularly:

a) The adolescent has been unaccountable in the community;

b) The adolescent consumes marijuana;

c) The adolescent struggles with anxiety which has worsen since the fall of 2022;

d) The adolescent was romantically involved with an adult known by the police for pimping and prostitution;

e) On two occasions, the parents have reported the adolescent missing to the police; • The Director has concerns regarding the level of supervision given to the adolescent by the parents:

a) Since October 2022, the adolescent has not attended school;

b) The adolescent disclosed being a victim of bullying in school;

c) On several occasions, the father attempted to report the adolescent missing to the police and the mother would not corroborate, which the mother and the adolescent deny; • There is a longstanding history of parental conflict between the parents; • The father has been arrested for assault against the mother on different occasions; • Until February 28th, 2023, the parents were living together but have now been separated for several months; • The adolescent is regularly exposed to the parent’s conflicts and the denigration of one another; • Serious concerns exist that the mother has substance abuse issues, which the mother denies; • The father has a history of substance abuse but disclosed that he only consumes marijuana; • The adolescent has been victimized by her adult boyfriend:

a) on February 19th, 2023, the adolescent was physically assaulted by her adult boyfriend;

b) on said day, the boyfriend was arrested and released with conditions to not be in contact with the adolescent;

c) on February 28th, 2023, the parents reported the adolescent missing to the police;

d) on March 1st, 2023, the adolescent was found by the police with her boyfriend who was again arrested; [ 6 ] Following the period of placement in a rehabilitation center, the adolescent was allowed increased visits with her father during the summer months of 2023. The adolescent was also allowed to have visits with her mother. [ 7 ] It appears essential that the Director and the parents work collaboratively in order to provide the adolescent with the care and the structure that she requires.

For the time being, the adolescent is entrusted to the care of her father and efforts will be made in order to re-establish healthy relations between the adolescent and her parents while efforts are also made in order for the parents to provide appropriate structure at all times to their daughter. [ 8 ] The evidence revealed that the continued involvement of the Director is necessary to ensure the security and development of the adolescent. The measures suggested meet her needs and are in best interest.

AS A CONSEQUENCE, AND FOR THESE REASONS, THE COURT: [ 9 ] DECLARES that the security and development of the adolescent are endangered due to supervision/educational neglect, psychological ill-treatment, physical abuse and serious behavioural disturbances; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 10 ] ENTRUSTS the adolescent to the care of her father; [ 11 ] TAKES ACT that contacts between the adolescent and her mother will take place upon agreement between the parties.

If no agreement is reached, ORDERS that the frequency, modality and the duration of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 12 ] TAKES ACT that currently, the parties agree for the adolescent to visit her mother during weekends for two (2) overnights; [ 13 ] RECOMMENDS that the adolescent receive therapeutic services to address her difficulties; [ 14 ] RECOMMENDS that the parents receive support services to address their respective difficulties, that they engage in these services and that they follow through with the recommendations made by all professionals involved; [ 15 ] RECOMMENDS that the parents submit to random drug testing when requested to do so by the Director of Youth Protection; [ 16 ] ORDERS the adolescent and the parents to collaborate with the Director of Youth Protection; [ 17 ] ORDERS the parents to report at regular intervals to the Director of Youth Protec-tion to inform her of the measures taken to put an end to the situation of endangerment;

[ 18 ] ORDERS that a person working for a Child and Youth Protection Center provides aid, counsel and assistance to the adolescent and her parents, including the services of an educator if needed be; [ 19 ] 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; [ 20 ] THE WHOLE for a period of six (6) months. Signed on October 6 th , 2023 __________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni For the Director of Youth Protection Me Jean-Hervé Thomas For the adolescent Me Martine Bourdeau For the mother Me Danielle Lamarre-Trignac For the father Date of hearing: March 9 th , May 5 th and September 6 th , 2023 MA/ss [1] As required under

Section 90 of the Youth Protection Act , the present judgment confirms in writing the decision rendered orally at the hearing held on September 6 th , 2023.