2019 QCCQ 12414, 2019 QCCQ 12414

Protection de la jeunesse — 191900 2019 QCCQ 12414 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000412-199 DATE : February 13, 2019 ______________________________________________________________________ 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 February 13, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as she is victim of bodily injury and that she is the subject of psychological ill-treatment. [ 3 ] The adolescent also reported that, three years ago, she was sexually abused by her mother’s adoptive brother.

This signalement is still under investigation. [ 4 ] Today, the Director recommends that the adolescent be placed in a foster family for a period of six months and that support measures be provided for one year. The paternal great-aunt is presently being assessed to become a foster family. [ 5 ] The parents recognize the facts leading to the state of compromission concerning the physical abuse, but not for the psychological ill-treatment. They wish for their daughter to return home immediately.

If this was not possible, they prefer that she be entrusted to a rehabilitation centre then the foster family of her paternal great-aunt. [ 6 ] The adolescent recognizes the situation of compromission and is agreeing with the Director’s plan. Questions in litigation [ 7 ] Did the Director prove, by preponderance, that the adolescent was subject to psychological ill-treatment? [ 8 ] At this point, is it possible to return the adolescent to her parents’ care? [ 9 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 10 ] The adolescent reports that in October 2018, her mother hit her, on multiple times, with a metal handle broom, on her head and

legs. When interviewed in December 2018, the parents admitted that the mother had slapped the adolescent. In January 2019, the mother admitted having hit her daughter with a broom. The adolescent pressed charges against her mother. [ 11 ] The adolescent reports that on one occasion, the mother has used derogatory names while addressing her. This is denied by the parents. Since last summer, the parents have removed the adolescent’s bedroom door as they are afraid that she will leave the residence during the night. A situation which is admitted, on occasion, by the adolescent.

The parents are taking turns, sleeping on a mattress at the bottom of the stairs, to prevent this situation. [ 12 ] The adolescent reports that, when her parents found her birth control pills, they searched her room, broke her phone and threw out her makeup. She feels that her parents are controlling her every moves. They do not trust her.

She feels that she lived in a prison. [ 13 ] During his testimony, the father mentioned that the parents dug around their daughter’s bedroom every few months. [ 14 ] While testifying, the mother recognized that “ maybe they were too strict ” with their daughter. [ 15 ] The parents report that they found a suicidal note in their daughter’s bedroom. [ 16 ] At this point, the adolescent does not want to return living with her parents. She attends school on a regular basis.

She is doing well. [ 17 ] On December 27, 2018, the adolescent was placed in a rehabilitation centre following a provisional agreement to placement. [ 18 ] On January 30, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 19 ] The adolescent is doing relatively well in the A group home. She respects the rules and expectations and does her chores. She continued to work at a restaurant. On five occasions, she left the group home without authorization. She functions well in Secondary V French at the A School.

The youth protection worker is clear that the adolescent’s behaviours and attitude does now warrant the structure offered by a rehabilitation centre. [ 20 ] Considered together, the proven facts (that the adolescent was deprived of privacy, that the parents exercised an excessive control and that the mother used a derogatory term on one occasion) lead the Tribunal to consider that the adolescent was subject to psychological ill-treatment. [ 21 ] The adolescent would like to be placed in the foster home of her paternal great-aunt C.

She does not want to return living with her parents. [ 22 ] The parents are of the opinion that their daughter should return home. At this point, a return home would be premature. Since her placement, the adolescent has not visited her parents. Even if the mother now recognizes the nature and the severity of the episode of physical abuse, treatment has not yet begun with the family members. [ 23 ] The situation does not warrant for a placement in a rehabilitation centre. Work needs to be done with the parents. They will need to find a balance in their structure. They will need to be more flexible.

Trust will also need to be rebuild between the parents and the adolescent. THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38

c) and 38 e) 1 o of the Youth Protection Act ); [ 26 ] ENTRUSTS the adolescent to the care of her paternal great-aunt, Ms. C for a period of six months; [ 27 ] TAKES JUDICIAL NOTICE that Ms.

C is being assessed to be recognized as a foster family for the adolescent; [ 28 ] RECOMMENDS that the parents and the adolescent seek family counselling to improve their relationship; [ 29 ] RECOMMENDS that the adolescent seek professional help with her personal issues; [ 30 ] RECOMMENDS that the parents attend parental workshops to improve their parenting skills; [ 31 ] ORDERS that the frequency and modalities of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 33 ] THE WHOLE for a period of one year; [ 34 ] 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 February 25, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Date of hearing: February 13, 2019