2020 QCCQ 8211, 2020 QCCQ 8211

Protection de la jeunesse — 202122 2020 QCCQ 8211 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000997-194 DATE: January 27, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2005 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 January 27, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as the parents are not ensuring appropriate supervision and that a situation of serious risk of neglect exists.

The Director also alleges that the adolescent runs a serious risk of being subjected to gestures of a sexual nature by her father. [ 3 ] Today, the Director recommends that the adolescent be entrusted to a foster family and that diverse support measures be ordered until October 31, 2020. [ 4 ] The mother’s exact whereabouts are unknown. [ 5 ] The father is absent. [ 6 ] The adolescent is agreeing with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights?

Context and Analysis [ 8 ] On June 4, 2019, the father signed an agreement on voluntary measures, re-cognizing the situation of compromission for his daughter. The child was then entrusted to a foster family and support measures were put in place for a period of six months. [ 9 ] On June 28, 2019, the adolescent admitted that the father had alcohol consumption issues, drinking to the point of intoxication. [ 10 ] From July 5 to September 4, 2019, the adolescent resided in Ms. C foster family. On September 2, 2019, the foster mother

informed the Youth Protection worker that due to the adolescent’s difficult behaviours, she could no longer care for her.

She was not respecting her rules and curfew. [ 11 ] On occasions (July 26 and August 30, 2019), the adolescent expressed suicidal ideations. [ 12 ] On September 4, 2019, the adolescent returned to her grandmother’s place, where her father resides, in order to attend her grandfather’s funeral. [ 13 ] On October 5, 2019, the Youth Protection worker in Town A received information that the adolescent had punched her cousin. [ 14 ] On October 10, 2019, the Youth Protection worker received information from the A Regional Police to the effect that the adolescent was in crisis at her father’s place.

The adolescent admitted that she had pushed her grandmother while she was on the stairs. As of that date, the adolescent went to reside with Ms. D foster family in Town A. [ 15 ] The adolescent has been attending school on a regular basis.

She presented with adequate behaviours in class. [ 16 ] In the foster family, she is sometimes oppositional and does not always respect her curfew. [ 17 ] On December 4, 2019, the adolescent mentioned that she wished to commit suicide. [ 18 ] On December 12, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a foster family until the main hearing. [ 19 ] On December 19, 2019, the Youth Protection worker was informed that the adolescent had posted suicidal ideations on Facebook. On that day, a referral was made for the adolescent to be seen by Dr.

Michele Larose, child and youth psychiatrist. The adolescent also agreed to be assessed by Dr. Joseph Beltempo, psychologist. The adolescent’s suicidal ideations are often related to her family’s situation. [ 20 ] The adolescent expressed feeling pressure from her extended family to return living with the father. She admitted reacting negatively to her grandmother’s methods of discipline. The adolescent reported wanting to remain residing in a foster family. [ 21 ] The father collaborated minimally with the Director. He is still struggling with alcohol consumption issues.

He has not taken steps to resolve his personal issues. [ 22 ] In the agreement on voluntary measures, the father recognized his past of sexual abuse on adult women. The Director considers that this situation creates a serious risk for the adolescent. Work needs to be done with the father on this serious risk issue. [ 23 ] The mother’s whereabouts remain unknown. Even if she is aware of the Director’s intervention, she has never contacted the Youth Protection worker.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of adolescent is endangered ( sections 38 b) 1 iii, 38 b) 2 and 38 d) 2 of the Youth Protection Act ); [ 26 ] ORDERS that the adolescent be entrusted to a foster family; [ 27 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection has chosen the foster family of Mrs.

D’s; [ 28 ] ORDERS that the adolescent attend school on a regular basis; [ 29 ] ORDERS that the adolescent, her parents and her foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 30 ] ORDERS that the adolescent and her parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the adolescent and the parents take an active

part in the application of the ordered measures; [ 32 ] ORDERS that the father remain sober in the presence of the adolescent; [ 33 ] ORDERS that the father refrain from any kind of violence in the presence of the adolescent; [ 34 ] RECOMMENDS that the father seek help through the Social Services or another resource deemed appropriate concerning his substance abuse and personal issues; [ 35 ] AUTHORIZES the Director of Youth Protection to access information regarding the father’s presence at appointments with professionals and his level of involvement with the service providers; [ 36 ] ORDERS that contacts between the adolescent and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision;

[ 37 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the father’s residence when the adolescent is present; [ 38 ] RECOMMENDS that the adolescent pursue with the services in child psychiatry and psychologist; [ 39 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the adolescent and her family; [ 40 ] THE WHOLE until October 31, 2020; [ 41 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the adolescent Mtre Nada Boumeftah Counsel for the father Date of hearing: January 27, 2020