2017 QCCQ 18621, 2017 QCCQ 18621

Protection de la jeunesse — 179052 2017 QCCQ 18621 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-031235-161 DATE : March 16, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection of Youth and Family Centres A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to declare that the security or development of the adolescent is endangered as a result of physical abuse. [ 2 ] Essentially, the Director alleges that the mother employs unreasonable means of physical discipline towards her son.

Consequently, the Director is asking that the adolescent be entrusted to a foster family for one year, along with a social follow-up. [ 3 ] The mother admits certain allegations pertaining to the state of endangerment and agrees with the recommendations put forth by the Director. [ 4 ] The father who resides in Country A ignores the majority of the allegations but expresses his consent to the measures proposed. [ 5 ] Through his lawyer, the adolescent admits the allegations in the motion and expresses his consent to the measures proposed.

It should be noted that, although the adolescent is present in the building, he refuses to attend the hearing in order to avoid direct contact with his mother. The Situation [ 6 ] At the time of the signalement , the adolescent was residing with his mother, his stepfather, and his four half-siblings. He had sporadic contact with his father. [ 7 ] On June 1, 2016, the adolescent was located by the police after midnight in a park. He was unaccompanied and visibly upset.

In the course of their intervention, the boy revealed to the officers that he had left home because of physical abuse from his mother. [ 8 ] During the police investigation that followed, the adolescent revealed that the mother regularly hits him with a broom or a belt, has threatened him with a knife and has tied his wrists together with a computer cable. He explained that these incidents are triggered by his failure to meet his mother’s expectations in relation to chores or other daily responsibilities.

Certain marks or injuries observed on his body including a broken tooth corroborated this information and the mother was eventually arrested on charges of armed assault and unlawful confinement. She secured her release by agreeing to respect certain conditions, namely, a prohibition of contact with her son (D-4). [ 9 ] Criminal charges are currently pending against the mother in relation to this situation and as a result, she remains prohibited

from having any contact with the adolescent. [ 10 ] The mother concedes that she has used unreasonable physical means of discipline with the adolescent. She explains that she generally hits him with her hand when he misbehaves but admits to having used a belt in the past. [ 11 ] On July 8, 2016, the Court provisionally entrusted the youth to a foster home. Although certain behavioural issues arose in the first months, (stealing and lying about his whereabouts), he is doing well in his current home and has been described as well-behaved and helpful.

At school however, his performance has noticeably deteriorated since January 2017, both behaviourally and academically. According to his teachers, he fails to apply himself, loses focus and doesn’t keep up with assigned work. [ 12 ] In October of 2016, the adolescent began a psychological follow-up. Currently, he is undergoing a psychosocial evaluation at the CLSC for the purpose of pursuing individual psychotherapy. [ 13 ] Although the adolescent steadfastly maintains his refusal to communicate with his mother, he expresses wanting to see his siblings.

This subject has been discussed with the mother and stepfather who explain that the children aren’t quite ready yet for this eventuality although they have agreed to initial contact through letters. [ 14 ] On her end, the mother expresses genuine remorse for her behaviour. She wishes to work on her relationship with her son but acknowledges that the current prohibition of contact prevents her from doing so. [ 15 ] Meanwhile, the mother and the stepfather have cooperated fully with the social worker.

Moreover, they participate in various community services, namely: - They cooperate with the CLSC SIPPE Program which provides services from a nurse, a nutritionist and a social worker; - They receive counselling from their pastor; - They have successfully completed the Strengthening Black Family Program , consisting of various workshops; - They participate in a parental support group; - The mother is on a waiting list for psychotherapy. [ 16 ] Since the beginning of the Director’s intervention, the adolescent has maintained regular contact with his father through Skype.

Although the possibility of returning to Country A has been explored, the adolescent prefers to stay in a foster home with the option of extended vacations at his father’s home. [ 17 ] It should be noted that a home study of the father’s situation was conducted in the event that the youth would consider such an option. The result was positive. [ 18 ] The father has expressed his willingness to assume full responsibility for his son but respects the adolescent’s choice to remain in Town A. The mother has expressed scepticism regarding the father’s capacity to adequately parent the adolescent.

In any event, the adolescent’s choice to remain in foster care obtains the consent of all the parties. Analysis and Conclusion [ 19 ] The relationship between the mother and the adolescent has been severely damaged by the extent of the abuse that took place in the home. The Court has no doubt that the mother sincerely regrets her actions and wishes to make amends.

That being said, the adolescent clearly requires more time to heal before such a possibility can be considered. [ 20 ] It should not be forgotten that the adolescent currently finds himself isolated from his maternal family and half siblings, adding to the emotional burden that he bears. In his interest, the Court invites the mother to encourage and to enable contact between the adolescent and his siblings as much as possible. [ 21 ] Over the next year, it is expected that the Director will address the family issues as they evolve and determine a long-term plan for the youth.

The process will certainly require much effort, patience and understanding from all parties. [ 22 ] Given the situation as established by the evidence, the Court concludes that the security and the development of the adolescent are in fact endangered for the motive alleged by the Director.

Furthermore, the evidence establishes that the Director’s recommendations meet the needs and best interests of the adolescent in the immediate. [ 23 ] UNDER THE CIRCUMSTANCES, [ 24 ] THE COURT: [ 25 ] GRANTS the motion; [ 26 ] DECLARES that the security and development of the adolescent are compromised as a result of physical abuse; [ 27 ] ORDERS that the adolescent remain in foster care; [ 28 ] TAKES JUDICIAL NOTICE that arrangement will be made if possible for the adolescent to spend vacation time beginning in the summer of 2017 with his father in Country A; [ 29 ] TAKES JUDICIAL NOTICE that the adolescent stays in Country A may exceed two weeks during the summer and/or

Christmas vacation; [ 30 ] ORDERS that contacts between the adolescent and his mother be encouraged when not prohibited by her criminal conditions, taking into considerations the adolescent’s express wishes; [ 31 ] ORDERS that contacts between the adolescent and his half siblings as well as his stepfather C be encouraged; [ 32 ] RECOMMENDS that the adolescent continue to receive psychosocial services in the community to address his past traumas; [ 33 ] RECOMMENDS that the mother seek services to address her past traumas; [ 34 ] GIVEN the parties consent, AUTHORIZES the DYP to obtain and share information with all the professionals working with the family including international social services as well as Country A’s social services; [ 35 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 36 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection A who shall then see that the measures are carried out; [ 37 ] THE WHOLE for a period of 12 months.

SIGNED IN TOWN A On March 23, 2007 __________________________________ KAREN OHAYON, J.C.Q. Me Isabelle Loranger Attorney for the D.Y.P. Me Richard Brunet Attorney for the Me Karine Dallaire Attorney for the mother Dates of hearing: July 8 and December 15, 2016 and March 16, 2017