2019 QCCQ 19761, 2019 QCCQ 19761

Protection de la jeunesse — 198156 2019 QCCQ 19761 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000972-197 DATE: September 26, 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 September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] Today, the Director recommends that diverse support measures be ordered until the adolescent’s majority. [ 4 ] The mother and the adolescent are in agreement with the Director’s plan. [ 5 ] The father is absent but was duly notified.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The parents are separated. The adolescent usually lives in Town A with her boyfriend, Mr. C, their one year old baby Y and Mr. C’s parents. [ 8 ] The relationship between the adolescent and Mr. C is punctuated with conjugal violence episodes. [ 9 ] The adolescent has issues with alcohol consumption. When she consumes alcohol, she can be aggressive and impulsive. The adolescent admits consuming alcohol and marijuana on occasions but never in front of her son.

She was observed, while she was sober, to be a loving and caring mother to her son. [ 10 ] Mr. C reported that the adolescent consumes alcohol once or twice per week but never in the presence of their child, Y. He also acknowledged drinking alcohol on occasions. He mentioned that when he drinks, he also ensures that their child is babysat by members

of the family, relatives or friends. [ 11 ] On July 1, 2018, police had to intervene as the adolescent’s boyfriend, C, was yelling outside of house […]. [ 12 ] On September 28, 2018, the police had to intervene as the adolescent was out of control. She had used a shovel to open the door. She was crying and could barely catch her breath. She was brought to the hospital. [ 13 ] On the same date, when the adolescent and her boyfriend came back from the hospital, they got into an argument and she stabbed him with a knife.

Both of them were intoxicated at that point. [ 14 ] On March 7, 2019, the adolescent was arrested for impaired driving by alcohol. [ 15 ] On May 25, 2019, the police had to intervene as the adolescent, while intoxicated, was making holes in the walls with a knife. She also cut herself with the knife on the thorax. [ 16 ] The adolescent admitted that, a long time ago, she expressed suicidal ideations. [ 17 ] On June 19, 2019, the adolescent took steps to stabilize her situation with social services. [ 18 ] On September 14, 2019, the police had to intervene as the mother and her boyfriend’s father, Mr.

D, were fighting. When the police arrived, the mother reported that D was putting his knee on her chest and his hands on her throat. This information was confirmed by the mother’s boyfriend. Mr. D reported that he was protecting himself as the mother had a knife. [ 19 ] On September 24, 2019, the police intervened in the house and found the parents intoxicated while they were caring for the child. The Director entrusted the child to E and F, who were sober. [ 20 ] Prior to April 2019, the adolescent’s father had not seen his daughter for over two years. He collaborates with the Youth Protection services.

He is worried for his daughter and his grandson. [ 21 ] The mother does not recognize that the adolescent can be impulsive and unpredictable while under the influence of alcohol as she has not seen her acting this way in her community. It was difficult for the Director to meet with her during the evaluation of the signalement. [ 22 ] The parents are unable to provide regular support to the adolescent as they resides in Town A. [ 23 ] The mother is in agreement for the adolescent to continue to reside outside of her residence.

At this point in time, she agrees for the adolescent to reside with her boyfriend’s parents. [ 24 ] Considering the incidents that happened on September 14, 2019, it is possible that the adolescent’s residential situation will fluctuate. In this event, she will have to request her mother’s permission before relocating to another dwelling. The adolescent will have to keep the Youth Protection worker informed regarding this question. THEREFORE AND FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the application for protection; [ 26 ] DECLARES that the security or the development of the adolescent is endangered (

section 38

f) of the Youth Protection Act ); [ 27 ] ORDERS that the adolescent be entrusted to her mother’s care; [ 28 ] TAKES ACT of the mother’s agreement for the adolescent to reside outside of her own residence; [ 29 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the adolescent’s regards to put an end to the situation of compromission; [ 30 ] ORDERS that the parents and the adolescent take an active

part in the application of the measures ordered; [ 31 ] RECOMMENDS that the adolescent receive help through the Social Services for her alcohol and personal issues; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 33 ] ORDERS a close social follow-up, including more specifically that the Youth Protection worker meet individually with the adolescent to provide her with strategies on how to better deal with her step parents and to register for housing; [ 34 ] THE WHOLE until the adolescent’s majority ([…], 2020); [ 35 ] 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 October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Date of hearing: September 26, 2019