2018 QCCQ 19526, 2018 QCCQ 19526
Opinion
Protection de la jeunesse — 1810870 2018 QCCQ 19526 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 505-41-008996-185 DATE: October 18, 2018 ______________________________________________________________________ BY THE HONOURABLE ANNICK BERGERON, J.C.Q. ______________________________________________________________________ X Born: [...], 2009 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant and A Parent ______________________________________________________________________ JUDGMENT (
section 95 YPA) ______________________________________________________________________ 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 Director of Youth Protection is presenting an Application recommending that the children be maintained with their mother for the following nine months.
The girls are back to their mother’s care following a placement with their teacher. [ 2 ] The mother expressed her agreement to the measures recommended. She is content to assume her parental role and shows collaboration and a real will to improve the relationship with her daughters. [ 3 ] The girls are pleased to be back with their mother and want to stay there. CONTEXT [ 4 ] The placement was necessary after a crisis happened in the family following difficulties with regards to piano lessons.
The analysis of the situation at that time revealed chronicity with regards to inadequate parenting tools and the use of violence. The twin girls were then entrusted to their teacher after provisional measures and after the hearing in protection in April. [ 5 ] A progressive reintegration took place during the summer. The supervision of contacts was lifted in June. In July, the children started sleepover. In August, they spent longer amounts of time at home. They felt ready to reintegrate for the beginning of the school year. [ 6 ] The mother participated actively to the social intervention.
She now understands the negative impacts to use violence on the children. The mother benefited from a personal follow-up by the CLSC and a training on non-violent communication skills offered by Spiralis. [ 7 ] The girls are successful at school. They showed ambivalence with regards to piano lessons. [ 8 ] The mother is still working on improving the relationship with her daughters. She is currently taking French lessons in order to facilitate the communication with them. Her mother tongue is Cantonese. The girls understand Cantonese, English and a bit of Mandarin but are more at ease with French.
They attend a francophone school. ANALYSIS AND DECISION [ 9 ] The mother was able to show introspection and accepted willingly to receive help to repair the relationship with her children. She is an intelligent and strong-willed women who clearly loves her children with all her heart. Her hard work has benefited the children who are now back to her care. [ 10 ] The family situation still requires the support from the Director, more particularly to adjust the parental style of the mother. She
used to be very strict and has now switched to a permissive style of parenting. She also tends to over-explain the situations to the girls when she disciplines them, which causes confusion instead of putting in place clear rules. [ 11 ] The Tribunal is confident that the situation will resorb with the support of the Director and the active collaboration of the mother. A period of nine months seems appropriate to achieve those goals and the mother is in agreement to receive help for that period of time.
FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the child X are still in danger; [ 14 ] REVISES AND EXTENDS the Court order rendered on April 18, 2018; [ 15 ] ORDERS that the child be entrusted to her mother; [ 16 ] ORDERS that the mother take an active
part in the application of the measures ordered; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her mother; [ 18 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the present judgment; [ 19 ] THE WHOLE for a period of nine (9) months. __________________________________ ANNICK BERGERON, J.C. Q. M e Karine Nantais Attorney for the Applicant M e Annabelle Faubert Attorney for the child Date of hearing: Date of signature: October 18, 2018 November 12, 2018
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