2022 QCCQ 3162, 2022 QCCQ 3162

Protection de la jeunesse — 221762 2022 QCCQ 3162 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006677-218 DATE: February 22, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2014 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT

Article 38 of the 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 Director of Youth Protection seeks a protection order in regards to the child in reason of his exposure to a separation conflict as well as his being subject to unreasonable methods of upbringing (physical abuse).

Within a series of measures until June 30, 2022, the Director seeks that the Court entrust the child to his paternal grandmother. [ 2 ] Both parents consign their admissions and recognize the situation of endangerment. The mother testifies as to certain elements of the reports. [ 3 ] The attorney for the child, under a legal mandate, subscribes to the conclusions of the application. [ 4 ] After having evaluated the evidence, the Court endorses the application, while confirming a minimum access

schedule as concerns the child’s contacts with his mother. [ 5 ] The Court details the elements justifying its decision. The context [ 6 ] The child resides with his mother. He sees his father on a regular basis at his paternal grandmother’s home, where he resides. [ 7 ] The child presents persistent behavioral issues (physical and verbal violence, foul language, tantrum).

He is followed by a special care counsellor in school. [ 8 ] The Director intervenes in the child’s situation in March 2021 in regards to an allegation of physical abuse by his parents. [ 9 ] In June, a provisional agreement intervenes entrusting the child to his father, on the basis of a situation of psychological ill- treatment and physical abuse.

Follows an agreement on voluntary measures returning the child to his mother’s care with access to his father at least three days a week, as well as the application of other measures of protection for one year (exhibit D-3). [ 10 ] The agreement on voluntary measures specifies the following as the reasons for endangerment: Psychological ill-treatment: The parents recognize that there is a separation conflict between them and that it is impacting their son. X has witnessed conflicts between his parents, he knows his parents don’t get alone well and have a bad opinion of each other.

He is using this fact to get what he wants or to try and have his parent’s attention. The parents also confirm that they are not able to speak adequately with each other, that they do not think that they will be able to make changes to this effect, but that they are ready to give it a

try. Physical abuse: The mother agrees that her reactions towards X with the hockey stick and the belt are indeed physical abuses. She admits having been overwhelmed and that it was inappropriate, excessive gestures that left marks. She takes the engagement to work on finding other ways to deal with X’s behavior. She knows that she can not use physical correction on him. The father also recognizes that this kind of situation is inacceptable.

Both parents recognize that the situation has impacts on the child in terms of oppositional behavior in several spheres of his life, such as family, school and social. [ 11 ] Despite the measures in place, this situation remains unresolved. [ 12 ] In September 2021, X verbalizes a new incident of being physically disciplined by his mother. He also states that she often yells at him and describes various inappropriate interventions. [ 13 ] Although the mother recognizes verbal altercations with her son, she denies any abusive reactions.

She admits that she can be overwhelmed by her son’s behaviors. [ 14 ] A provisional order entrusts the child to his father while taking act he resides with the grandfather. The Court further orders that his contacts with his mother be supervised. [ 15 ] These visits are positive. The child is happy to see his mother, although they can become uncomfortable with her questions. [ 16 ] The father is not often at the grandparent’s home, leaving the child mostly under their care.

For this reason, the parties agree to revise the provisional measures to better reflect this reality. [ 17 ] Since the provisional order, the child is observed by school authorities to be more calm and available for learning. He now generally respects the rules and his peers. [ 18 ] In January 2022, the maternal grandmother comes to reside on a temporary basis with her daughter in order to accompany her in dealing with the challenges in place.

She convinces the Court of her commitment towards being a supportive influence and having the best interests of her grandchild at heart. [ 19 ] The caseworker testifies as to her expectations in regards to the mother’s contacts and an eventual reintegration of the child to her care: • Supervision will remain necessary until the mother demonstrates her ability to manage her son’s behaviours mostly on her own; • An educator will continue to offer services in order to ensure that the child’s environments apply consistent and coherent rules and consequences; • That the mother refrain from exposing her son to adult conversations or negative content as concerns his other environment; • Once supervision is lifted, ensure the integration of a stable routine; [ 20 ] Co-parenting meetings will commence shortly and will continue depending on the parent’s availability and ability to invest in this process. [ 21 ] A homebound educator offers services to the child and his family as of December.

The mother participates well in the coaching sessions and is open to suggestions on how to adapt her approaches. [ 22 ] The mother testifies at the hearing. Although she confirms her agreement with the conclusions, she denies her son’s version of the events of September in regards to her hitting him or being impatient. [ 23 ] She does however recognize that her son’s behaviours are challenging, situation which is compounded by the father’s lack of involvement.

She considers that her son’s reactions are sometimes so extreme that they command a reaction on her part. [ 24 ] She is ready to invest herself in the services required to respond to the complexities of the situation, including the communication issues with the father. She understands her son’s sensitivity as concerns the family dynamic in place and the need to shield him from negative comments.

Analysis and decision [ 25 ] The Court concludes that the situation of endangerment as described in the voluntary measures, remains active. [ 26 ] Although the mother is devoted to her son, the evidence shows that her educational methods are oftentimes inappropriate and maladapted to his specific needs. This cycle of conflict and violence is also being replicated by the child and contributing to his behavioral issues. [ 27 ] Such is also the case as concerns his exposure to the conflict separation opposing his parents.

Sensitive to the tensions surrounding him, the parents both need to work on their co-parenting and adopt strategies that will reduce the impacts on him. [ 28 ] Since his placement, the child is better behaved and thriving in his school environment, demonstrating how a healthy environment positively impacts him. [ 29 ] The Court concludes that the measures are an accurate reflection of the child’s situation and his interests for stability and consistency.

[ 30 ] The evolution of the situation will be contingent on his parent’s abilities to better understand their son’s needs and adapt their responses consequently. FOR ALL THESE REASONS, THE COURT: [ 31 ] GRANTS the application for protection; [ 32 ] DECLARES that the security and development of the child are in danger for the following reasons : • psychological ill-treatment (article 38c) Youth Protection Act ); • physical abuse (article 38e)1) Youth Protection Act ); [ 33 ] ENTRUSTS the child to his paternal grandmother, Mrs.

C; [ 34 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and in the presence of a third party chosen by the Director.

In the absence of such an agreement, that visitation take place every second weekend as well as twice a week; [ 35 ] AUTHORIZES the partial or complete lifting of the supervision between the child and his mother following agreement between the parties; [ 36 ] ORDERS that the contacts between the child and his father be following agreement between the parties; [ 37 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which his security or development is in danger; [ 38 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 39 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 40 ] AUTHORIZES the Director to meet with the child in a neutral environment; [ 41 ] AUTHORIZES the Director to exchange information with the school personnel and TAKES ACT that the parents agree to such; [ 42 ] ORDERS that the parents not use physical means of discipline; [ 43 ] ALL THESE MEASURES until June 30, 2022; [ 44 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Audrey-Anne Monière Attorney for the Applicant Me Kathleen O’Meara Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: February 22, 2022 Date of signature: April 5, 2022