2016 QCCQ 17922, 2016 QCCQ 17922

Protection de la jeunesse — 168837 2016 QCCQ 17922 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030456-156 DATE : May 2, 2016 CORRECTED on May 26th, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2000 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondent ______________________________________________________________________ CORRECTED 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, 11.2.1 and 135 Y.P.A.). The Court reaffirms the judgement rendered on May 2, 2016, with correction to the name of the mother's attorney. [ 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 May 2 nd , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent alleging that her security and development are compromised due to behaviour problems, psychological ill-treatment, physical abuse as well as neglect. The Director is asking that the youth be entrusted to the care of Mrs.

B and that youth protective measures be rendered for a period of one year. [ 3 ] The adolescent admits all the facts alleged in support of the motion. She is in full agreement with the recommendations made by the Director. [ 4 ] The mother denies or ignores essentially all the facts alleged in support of the motion and the mother is opposed to the recommendations made by the Director. She wants her daughter to be entrusted to the care of her biological father even though the mother has kept no contact with Mr. C.

CONTEXT [ 5 ] The evidence reveals that the youth has never had any real periods of stability in her life. [ 6 ] Although Mr. C is recognized by the adolescent and her mother as the father of the child, his name does not appear on the birth certificate. It appears that the child lived with her two parents until their separation in 2003. She then lived with Mr.

C for three years, having no contacts with her mother. [ 7 ] For reasons unrevealed by the evidence, the child went to live with her mother from 2006 until 2008 and was placed in foster care by the youth protection services of the [province A] for the following two years. [ 8 ] Soon after the child was returned to her mother's care, she was entrusted to a foster family on a voluntary basis and remained in care for what appears to be a period of approximately one year. [ 9 ] During the summer of 2013, the adolescent was returned to her mother's care and spent part of the summer with Mr. C in [province B].

For unrevealed reasons, the adolescent was entrusted to the care of her maternal grandparents in the [province A] in October 2013 and returned to Town A, to her mother's care, in August 2013. [ 10 ] In November 2015, the situation of the adolescent is signalled to the Director. The adolescent claims that she has been locked out of her mother's home for days and that she had to go to a friend's home to sleep. [ 11 ] The adolescent claims that she is the victim of bodily injury caused by her mother.

In February 2015, following incidents with her mother, the adolescent left her mother's home and went to live with Mrs. B, a friend of the family. [ 12 ] In addition, it is not denied that the youth exhibits serious behavioural disturbances. [ 13 ] On November 9 th , 2015, the situation of the adolescent is signalled to the Director.

At that time, the adolescent is not attending school as she has been expelled on October 6 th for various reasons: her behavioural issues, her school absenteeism, her verbal and physical aggressions. [ 14 ] It is then that the Director discovers that the youth has been living with Mrs. B for months and that the mother is no longer providing for the youth nor keeping contact with her. [ 15 ] Following the involvement of the Director, various consecutives provisional measures have been rendered by the Court: the first one, on November 18 th , 2015, entrusting the adolescent to the care of Mrs. B.

A second one is rendered on January 6 th , 2016: as the youth has left the house of Mrs.

B for days without informing of her whereabouts, the youth was entrusted to a rehabilitation centre for a maximum of thirty days. [ 16 ] Soon after, on January 14 th 2016, the youth did not return to the group home after school as expected and it is only on January 21 st that the youth, accompanied by her mother, went to the police station. [ 17 ] On January 22 nd , an order entrusting the adolescent to a rehabilitation centre was again rendered and the adolescent remained entrusted until the conclusion of the inquiry conducted on May 2 nd , 2016. [ 18 ] In the meantime, the adolescent resumed school and submitted to a psychological assessment. [ 19 ] In March, the adolescent was allowed day visits and then weekend visits with Mrs.

B. [ 20 ] Steps have been taken to start a formal assessment of Mr. C who lives in [province B]. The Director wishes to explore his commitment to the adolescent and the possibility for the adolescent to visit with him and possibly live with him eventually. [ 21 ] Mrs. B has been assessed and is likely to be recognized as a foster family for the adolescent. She is committed to receive the adolescent and care for her.

She offers her full collaboration to the Director. [ 22 ] It has been difficult for the Director to work with the mother as she did not avail herself to meet with the Director nor to keep regular contact with her daughter. [ 23 ] The Court invites the mother to take advantage of the services offered by the Director. It is time to re-establish a healthy relationship between the adolescent and her mother. [ 24 ] It appears that the adolescent has never had a parent or adult care giver (Mr. C or grandparents) who could provide stability for any length of time.

Every move from [province B] to the [province A] and Québec involved drastic changes in caregivers, breaking off contacts with previous caregivers and eventually changes of schools. The Director has assessed that Mrs. B can provide stability as well as structure to the adolescent. They have a good relationship and Mrs. B will work with the Director. [ 25 ] Under the circumstances, the Director has established that the adolescent's security and development are compromised for the various reasons alleged by the Director. The measures recommended meet the needs of the adolescent and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 26 ] DECLARES that the security and the development of the adolescent are compromised due to: ▪ Behavioural disturbances;

▪ Neglect (not meeting the basic needs of the adolescent and not providing her with appropriate supervision and support); ▪ Psychological ill-treatment; ▪ Physical abuse. 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: [ 27 ] ORDERS that the adolescent be entrusted to the care of Mrs.

B for a period of one (1) year; [ 28 ] ORDERS that the modalities of contacts between the adolescent and her mother be determined by the Director of Youth Protection; [ 29 ] ORDERS the Director of Youth Protection to provide support to the adolescent and her mother in order to re-establish a healthy relationship; [ 30 ] ENCOURAGES the contacts between the adolescent and Mr. C and ORDERS that the modalities of these contacts be determined by the Director of Youth Protection; [ 31 ] ORDERS the Director of Youth Protection to provide help and support to the adolescent and Mr.

C in order to ensure that these contacts are happening on a regular basis and in a healthy way; [ 32 ] RECOMMENDS that the mother follow through with receiving the services she is currently receiving; [ 33 ] ORDERS that the adolescent receive certain health services, namely art-therapy for as long as deemed necessary and as long as agreed by the adolescent; [ 34 ] ORDERS that the adolescent attend school on a regular basis; [ 35 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family for a period of one (1) year; [ 36 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 37 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Nadia Sabik Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the adolescent Me Katherine Heather MacLeod Attorney for the mother Date of hearing : May 2 nd , 2016