2021 QCCQ 794, 2021 QCCQ 794

Protection de la jeunesse — 2127 2021 QCCQ 794 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF […] No.: 505-41-010219-204 DATE: January 7, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X, born on […], 2005 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ JM2505 WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of the child are in danger due to psychological ill-treatment. [ 2 ] As the main measures, the Director recommends that the child remain in her family according to the judgment of the Superior Court and that a person working for an institution or body provide aid, counselling or assistance to the child and her family for a period of nine months. [ 3 ] The parties agree with the intervention and the recommendations of the Director.

FAMILY SITUATION [ 4 ] The parents have lived together until 2010. They have two children, Y (16 years old) and X (15 years old). [ 5 ] The father has the sole custody of both children following a final agreement of the Superior Court dated February 15, 2018. [ 6 ] The mother has access rights namely, every other weekend, from Friday to Sunday 17:00. [ 7 ] Only the situation of X has been reported to the Director.

[ 8 ] The family has received services from the CLSC. [ 9 ] Following her suicide attempt in January 2019 by ingestion of pills, the child began a follow-up with a psychologist. CONTEXT AND ANALYSIS [ 10 ] The communication between the parents has been problematic since their separation. They had different custody arrangements. [ 11 ] Over the past year, the child has left her father's home at least three times to live with her mother, despite the Superior Court judgment. During these periods, the child avoided all contact with her father. [ 12 ] The child mentions that she has ups and downs.

She feels better when she is busy. [ 13 ] The child says she is worried about disappointing her mother. She puts a lot of pressure on herself regarding her mother’s state of mind and she fears that her mother may harm herself. [ 14 ] The child is also concerned about her mother’s use of alcohol. She reports that her mother can insult her when she is under the influence of alcohol. [ 15 ] The mother explains that she consumes a few drinks (5% alcohol) a day to help her sleep.

She doesn’t believe she has a problem. [ 16 ] On August 20, 2020, the child was hospitalised for suicidal thoughts after a disagreement with a friend. She was released from the hospital the same day. [ 17 ] The child has been exposed to situations of stress and tension due to the conflictual nature of her parent’s relationship. The lack of communication is problematic.

The parents should make efforts to put their daughter’s needs first as no effective co-parenting has been possible over the years. [ 18 ] The child is dealing with mental health issues for the past couple of years namely because of her difficult interpersonal relationships, the conflictual dynamic between her parents and her unstable relationship with her mother. The child needs help and support. [ 19 ] The mother must be aware of the impact her words and behaviours can have on her daughter.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child are in danger because of a situation of psychological ill- treatment; [ 22 ] ORDERS that the child remain in her family according to the Superior Court’s judgment; [ 23 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 24 ] ORDERS that a person working for an institution or body provide, aide, counselling or assistance to the child and her family; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 26 ] THE WHOLE for a period of nine months. __________________________________ Lyne Morin , J.C.Q. Me Marie-Christine Tropper Counsel for the Director of Youth Protection Me Nancy Côté Counsel for the child Me Joanie Samson Counsel for the father Date of hearing: Judgment signed: January 7, 2021 January 21, 2021