2014 QCCQ 14837, 2014 QCCQ 14837

Protection de la jeunesse — 143081 2014 QCCQ 14837 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-028118-149 DATE: July 14, 2014 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 1998 - and - A - and - B Respondents - and - C Mise en cause ______________________________________________________________________ JUDGEMENT

Section 38 Youth Protection Act ______________________________________________________________________ WARNING : The Youth Protection Act forbids the publishing or broadcasting of information allowing for 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. [Sections 11.2, 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 14, 2014, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion by the Director of Youth Protection to have the security and development of the adolescent declared compromised under

section 38 e) 1) of the Youth Protection Act . [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The adolescent is the victim of bodily injury or is subjected to unreasonable methods of upbringing and the parents fail to take the necessary steps to put an end to the situation; • The adolescent arrived in Canada from the [Country A] in 2008, with her maternal aunt Ms. D has care of her by parental agreement; • The adolescent and her cousin stated that they have been hit on multiple occasions and regularly by Ms.

E, and marks have been seen on X, more particularly but not restrictively in that: . X states that Ms. E slaps her face and pulls her hair regularly, as she also does with Y; . Y admits that Ms. E slaps him but he says he deserves it because he does not listen to her; . Y says X gets hit more than he does;

. X stated that on two occasions in the past year, Ms. E pulled out a knife and threatened her by stating “I want to kill you”; • Ms. E acknowledges that she screams a lot, but denies hitting the children except on February 15, 2014, when she hit X, more particularly but not restrictively in that: . X described being slapped on the face and pushed down the stairs by Ms. E because her grades had gone slightly down; .

X was seen with a bruised lip and a scratch on her neck; • There are also concerns about psychological aspects of the situation, more particularly but not restrictively in that: . there appears to be clear favouritism towards Y; . Ms. E has threatened to send X back to the [Country A]; . Ms. E told have told Y that she would leave the country if he were placed. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to the care of her aunt, Ms.

E, and that a social follow-up be provided to the family for a period of three months. [ 5 ] The adolescent’s parents reside in the [Country A] and entrusted X to her maternal aunt in 2008. They were informed of the intervention of the Director of Youth Protection and consented for their daughter to be entrusted to the care of Ms. E on a temporary basis. They wish for X to be entrusted back to the care of Ms. E. [ 6 ] Ms. C filed a petition in intervention to be declared a party to the proceedings. Ms. C is the adolescent’s maternal aunt and her legal guardian since June 2008.

The Court granted the motion at the hearing of March 10, 2014, as all the parties consented to the motion and that X has been residing with Ms. C since her arrival in Canada in 2008. [ 7 ] Through her attorney, Ms. C admitted that the security and development of the adolescent was compromised under

section 38 e) 1) of the Youth Protection Act , physical abuse. Ms. C consents to the measures recommended by the Director of Youth Protection, including participating in a family therapy. [ 8 ] The adolescent, through her attorney, admits the majority of the facts alleged in the motion and agrees with the recommended measures. X has gradually reintegrated the home of her aunt since the hearing of April 1, 2014. [ 9 ] The adolescent’s psychological evaluation was conducted by Carolyn Klein, psychologist, and the report is dated April 4, 2014. The psychologist mentions that the adolescent considers Ms. C and Mr.

F to be her adoptive parents. The adolescent described her life has been overly programmed, with tutors and private lessons, giving her very little free time. Furthermore, the adolescent mentioned having very little privacy as she shares a bedroom with Y and her cousin Z. [ 10 ] Projective tests indicate that the adolescent feels isolated and lonely. The adolescent also reports excessive worrying and feelings of sadness and withdrawal. [ 11 ] The psychologist concludes as follows: In

summary, X is a 16-year-old girl who was referred for this evaluation by her guardian, as the result of a court order. The results of this evaluation suggest that X is a thoughtful and caring adolescent who wants to become more independent and emancipate from her psychological parents. She feels an attachment to her family, yet longs for more freedom and decision making ability. The incident that happened between her and her guardian has had a significant impact on X.

She is currently finding it difficult to trust her aunt and feels that she needs time to be ready to work on their relationship. [ 12 ] The psychologist recommends that the adolescent participate an individual therapy, and suggests that X have her own room and be given greater freedom. Also, that Ms. C continue to work with her psychotherapist on her parenting skills. [ 13 ] The Court also heard the testimony of [Social Worker 1], youth protection worker, and read the reports the Director filed as proof of the adolescent’s situation. The evidence reveals that Ms.

C has used inappropriate methods of education towards her niece. She has used physical discipline and there was an incident on February 15, 2014, whereby she hit the adolescent and be latter fell down the stairs. Furthermore, the adolescent has been living in a very strict and controlled environment for a 16-year-old. Consequently, X has few friends and feels very stressed. [ 14 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to the care of Ms. C with a social follow-up until December 1, 2014.

It will be important for the adolescent and her family to participate in a family therapy in order to improve communication and sense of belonging towards one another. [ 15 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are compromised. [ 16 ] THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the adolescent, X, are compromised under

section 38 e)1 of the Youth Protection Act ; [ 19 ] AND ORDERS THE FOLLOWING FINAL MEASURES:

[ 20 ] ENTRUSTS the adolescent, X, to Ms. E; [ 21 ] ORDERS that all caregivers refrain from physical discipline and verbal and physical abuse towards the adolescent; [ 22 ] RECOMMENDS that the psychological evaluation completed by Carolyn Klein, psychologist, be followed; [ 23 ] RECOMMENDS that a set of rules be established and signed by the youth protection worker, Mr. F, Ms. E and X; [ 24 ] RECOMMENDS that the family participate in a family therapy process; [ 25 ] RECOMMENDS that Ms. E, Mr.

F, X and Y participate altogether to some of the sessions; [ 26 ] ORDERS that aid, counsel and assistance be provided to the adolescent and her family until December 1, 2014; [ 27 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 28 ] ORDERS the execution of the present order by any peace officer. Signed on July 22, 2014 Ann-Marie Jones, J.C.Q.

AMJ/dg Me Geneviève Apollon Counsel for the Director of Youth Protection Me Laurence Marceau Counsel for the adolescent Me Marie-Josée Ayoub Counsel for the maternal aunt Dates of hearing: March 10, April 1 and July 14, 2014