2020 QCCQ 7094, 2020 QCCQ 7094

Protection de la jeunesse — 203460 2020 QCCQ 7094 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036130-193 DATE: June 5, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 5, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent is victim of bodily injury caused by her brother and that the parents fail to take the necessary steps to put an end to the situation.

The Director also alleges that the adolescent is victim of psychological ill-treatment and that she presents with serious behavioural disturbances. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to the mother’s care and that support measure be ordered until March 13, 2021. [ 4 ] The parents and the adolescent are in agreement with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 6 ] From September 2015 until May 27, 2019, the adolescent’s situation was followed by the Director and by the Court of Quebec. [ 7 ] The adolescent reports that her brother has been physically aggressive with her. She mentioned that in September 2019, he hit her hard, on her knee, with his cell phone. [ 8 ] The brother admits to slapping the adolescent on the arm and pushing her. [ 9 ] The adolescent’s brother was charged with assault, assault with a weapon or causing bodily arm and criminal harassment.

He currently has a criminal restraining order with the adolescent. [ 10 ] The parents reported that they have not seen the adolescent’s brother being physically aggressive with his sisters.

[ 11 ] The mother and the brother are using excessive control over the adolescent. [ 12 ] The mother and the brother have told the adolescent to go kill herself and have denigrated her. [ 13 ] At one point, the home environment was extremely conflictual. Family members were insulting and screaming at each other on a regular basis. [ 14 ] The adolescent has been disrespectful of her mother’s house rules and curfew. She has been unaccounted for in the community and has missed school without justification.

At this point, she has too many absences to be evaluated. [ 15 ] X has been experimenting with marijuana and alcohol. [ 16 ] On November 4, 2019, the Tribunal extended the application of the immediate protective measures for a maximum period of five working days. [ 17 ] On November 8, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 18 ] The adolescent functioned generally well at [Unit A].

She has followed the program’s expectations and started attending school at the [Campus A]. [ 19 ] On December 23, 2019, the mother’s lawyer asked for a postponement of the Court hearing. [ 20 ] On January 10, 2020, the adolescent and her sister were transferred to the [Group Home A]. [ 21 ] On January 22, 2020, the adolescent and her sister decided to go to a shopping mall instead of school. [ 22 ] The mother has continued to experiment difficulties in having her daughters respect her rules and curfew. [ 23 ] On March 20, 2020, the hearing had to be postponed due to the exceptional situation linked with COVID-19.

Following this hearing, the adolescent and her sister refused to return to the rehabilitation centre. The mother, being fearful that the adolescent would get COVID-19 in the group home also stated that the adolescent should remain in her care. [ 24 ] On April 7, 2020, faced with this situation, at the Director’s request, the Tribunal entrusted the adolescent to the mother’s care. [ 25 ] Mr. Y, the adolescent’s brother has returned to Town A. When she is frustrated, the mother asks for his intervention with the adolescent.

Doing so, the mother encourages her son to contravene his criminal conditions. [ 26 ] Throughout the years, many services were offered to the family. Despite this support, family members have not been transparent and consequently have not used these services efficiently. The parents and the adolescent have chosen when to respect (or not) the different Court orders. [ 27 ] Communication between the adolescent and the mother remains problematic. The mother has continued to use derogatory terms to refer to the adolescent.

The Tribunal and the Director will continue to provide to needed support, but the parties will have to actively be involved in order to resolve their conflicts. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for protection; [ 29 ] DECLARES that the security or the development of the adolescent is endangered ( articles 38 e) 1, 38

c) and 38

f) of the Youth Protection Act ); [ 30 ] ORDERS that the adolescent be entrusted to her mother; [ 31 ] PROHIBITS any contact between the adolescent and her brother Y until his criminal conditions permit him to have contact with the adolescent; if those contacts are permitted, ORDERS that the frequency and modalities of contacts between the adolescent and her brother be determined by the Director of Youth Protection including supervision if deemed necessary; [ 32 ] ORDERS that the adolescent not be exposed to any form of violence; [ 33 ] ORDERS that the adolescent respect her parents’ authority and follow the house rules established with the support of the educator; [ 34 ] RECOMMENDS that the adolescent attend either school, a vocational program or find employment; [ 35 ] RECOMMENDS that the mother participate in counselling/support services to address her personal issues; [ 36 ] ORDERS that the family continue to work with an educator; [ 37 ] RECOMMENDS that the adolescent and her parents follow the recommendations of the neuropsychological assessment (including counselling and speech and language assessment); [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her

family; [ 39 ] THE WHOLE until March 13, 2021; [ 40 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Mathieu Farazandeh Counsel for the adolescent Mtre Précilia Hijazi Counsel for the mother Mtre Josselin Breton Counsel for the father Date of hearing: June 5, 2020