2016 QCCQ 3505, 2016 QCCQ 3505

Protection de la jeunesse — 162047 2016 QCCQ 3505 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030331-151 DATE : April 14, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2014 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondent ______________________________________________________________________ JUDGMENT (Section 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 14 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that her security and development are compromised due to psychological ill-treatment (child exposed to the conflictual relationship of her mother and partner) and risk of negligence.

The Director was initially asking that aid, counsel and assistance be provided for a period of six months but has agreed, after discussions with the mother, to reduce that period to three months. [ 3 ] The child's father is not declared on the birth certificate. Nonetheless, Mr. B comes forward requesting to be granted the status of party to the hearing as he claims to be the biological father of the child. His request is not contested by the Director nor the other parties. The mother acknowledges that he is the biological father of the child. The Tribunal considers expedient to grant Mr.

B the status of party in the interest of the child. [ 4 ] Both mother and Mr. B admit that they have been involved in numerous conflicts (verbal abuse and physical violence) and recognize the need for the intervention of the Director. They agree to the recommendations made by the Director. [ 5 ] Counsel for the child also agrees with the recommendations of the Director.

CONTEXT [ 6 ] The evidence reveals that the mother has a history of difficulty managing her behaviour. The couple has been involved in numerous conflicts involving verbal abuse and, on two occasions, violence perpetrated by the mother against Mr. B. After a period of separation, the couple reunited in August 2015. [ 7 ] Since then, they lived together as a family with the child. [ 8 ] Despite the fact that the mother and Mr. B were provided with references in order to access couple counselling, no steps have yet been taken to obtain the services. The mother and Mr.

B seem to recognize now the impact their conflicts may have on the child and they have expressed their commitment to participate in couple counselling as well as receiving the services of the Director. [ 9 ] The Court takes act of the commitment of Mr. B to take steps to have his paternity recognized. In addition, Mr.

B makes the commitment to initiate steps to ensure that he will participate in couple counselling services despite the fact that he will be absent during the first half of the short period of involvement of the Director. [ 10 ] The Director has established that the security and development of the child are compromised as the child was exposed to the conflicts opposing her mother and Mr. B. The recommendations of the Director meet the needs of the child and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the child are compromised due to psychological ill-treatment (conflicts opposing the mother and her partner). AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 12 ] ORDERS that the child remain entrusted to the care of the mother; [ 13 ] ORDERS the mother and Mr.

B to collaborate with the Director of Youth Protection; [ 14 ] RECOMMENDS to the mother that she participate in a program or counselling to address her anger management; [ 15 ] RECOMMENDS to the mother and Mr. B to attend couple counselling and TAKES NOTE of the willingness and commitment of both parents to do so; [ 16 ] ORDERS that aid, counsel and assistance be provided to the child, her mother and Mr.

B for a period of three (3) months; [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Marie-Odile Lamaute Attorney for the child Me Josselin Breton Attorney for the mother Date of hearing : April 14 th , 2016