2019 QCCQ 14216, 2019 QCCQ 14216

Protection de la jeunesse — 194410 2019 QCCQ 14216 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-034869-180 DATE : May 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2002 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 May 9, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances and that she is the subject of psychological ill-treatment. [ 3 ] On March 13, 2019, the Director recommended that the adolescent remain entrusted to the mother’s care and that support measures be ordered for a period of nine months. [ 4 ] The parents and the adolescent are in agreement with the Director’s plan. [ 5 ] As the Director was unable to exhibit the original of the child’s birth certificate, the hearing was continued, pro forma , for April 3, May 9 and June 4, 2019.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 7 ] From January to August 2013, the adolescent’s situation was subject of an order from the Court of Quebec, youth division, due to the father’s delusional disorder and the child’s exposure to conjugal violence. [ 8 ] The mother now has custody of the adolescent. [ 9 ] For the past several years, the adolescent has exhibited serious behavioural disturbances (physically aggressive with her mother, disruptive with her siblings, acting out in school). [ 10 ] The adolescent has received diagnosis of ADHD, Oppositional Defiant Disorder and Dyslexia. She was recently diagnosed with

anemia. [ 11 ] The father has been diagnosed with Delusional Disorder and was followed in psychiatry at [Hospital A]. In the past, he has been able to somewhat support the mother in dealing with the adolescent’s difficult behaviours. [ 12 ] In June 2017, the parties signed a one year Voluntary Measure Agreement, including a six month rehabilitation centre placement. [ 13 ] In December 2017, the adolescent was reintegrated to her mother’s care. [ 14 ] Efforts were made by the adolescent and by the mother to diminish the incidents of physical aggression.

The adolescent still needs to work on her attitude and defiance. At times, she can be argumentative and use denigrating comments. [ 15 ] In February 2018, the adolescent was witnessed to an inappropriate outburst from her father in the mother’s home. This incident has been denied by the father.

The police had to intervene and remove the father from the premises. [ 16 ] On May 30, 2018, the parties agreed to continued intervention from the Director and signed another Agreement on Voluntary Measures for a period of one year. [ 17 ] The mother and the adolescent actively participated in the follow-up proposed by the Director. Despite efforts made by the youth protection worker, the father has not participated in any intervention.

At this point, the adolescent does not wish to have contact with her father. [ 18 ] In October 2018, the youth protection worker learned of an incident where the adolescent physically pushed her mother. [ 19 ] The adolescent is frequently late and occasionally absent from school without proper justification. [ 20 ] The family has received the support from the Transition Diversion Program. [ 21 ] On March 6, 2019, the youth protection worker and the father were able to have a phone conversation. The father reported that he stopped his psychiatric follow up and medication since 2014.

He wishes to have more contacts with the adolescent. He mentioned that he was willing to receive support from the Director. During the hearing, the father made the same comments. [ 22 ] The Director’s intervention remains necessary in order to solidify the mother and the adolescent’s gains and to ensure that the adolescent remains in a safe and stable environment. THEREFORE AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application for protection; [ 24 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

c) and 38

f) of the Youth Protection Act ); [ 25 ] ORDERS that the adolescent remain entrusted to her mother’s care, as per the Superior Court custody order; [ 26 ] ORDERS that the frequency and modalities of contacts between the adolescent and her father be determined by the Director of Youth Protection, taking into account the father’s stability and the adolescent’s wishes; [ 27 ] RECOMMENDS that the father participate in psychiatric follow up to address his mental health and to follow through on the recommendations of his treating professionals; [ 28 ] RECOMMENDS that the family collaborate with the Transition Diversion Program and follow the program recommendations, including the use of respite placement when necessary; [ 29 ] ORDERS that the father collaborates with the Director of Youth Protection and attend meetings with the delegate when requested; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 31 ] THE WHOLE until December 13, 2019; [ 32 ] 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 May 9, 2019 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Laurence Lamoureux and Mtre Michael Khoury Counsel for the adolescent

Dates of hearing: March 13, April 3 and May 9, 2019