2019 QCCQ 14155, 2019 QCCQ 14155

Protection de la jeunesse — 194394 2019 QCCQ 14155 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033932-187 DATE : May 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 27, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on July 9, 2018. [ 3 ] Today, the Director recommends that the child remain entrusted to his mother’s care and that diverse support measures be ordered for a period of six months. [ 4 ] Both parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] In July 2018, the mother and the child had to move to a different dwelling as the mother had conflicts with the person she was subletting a room. She temporarily stayed at the father’s apartment while he stayed with a friend.

On August 10, 2018, she moved to a new apartment in LaSalle. [ 7 ] On September 27, 2018, the father informed the Youth Protection worker that he reunited with the mother. [ 8 ] In mid-October, the mother started attending a course at the Center A in order to support the child with his Autism diagnosis. [ 9 ] The parents have continued to receive weekly support from an educator [ 10 ] Since October 30, 2018, the parents have attended a small number of therapy sessions at the clinic A to address their couple and parental issues.

[ 11 ] On November 26, 2018, the child started a progressive integration into the Center B. He’s progressing well. [ 12 ] The family received support from Ms. C from the UniSon Program at the CLSC. [ 13 ] On January 9, 2019, the police had to intervene at the mother’s residence as the parents were having a verbal altercation in the child’s presence. [ 14 ] On March 4, 2019, the police had to intervene at the mother’s residence. At that point, the mother was yelling while talking on her cell phone.

The child was present during the incident. [ 15 ] On March 10, 2019, the police had to intervene again as the parents were having a verbal altercation in the child’s presence. [ 16 ] The mother has taken steps with her doctor to explore her anxiety and possible treatment for her ADHD. She will be referred to the CLSC for an assessment to explore these issues. [ 17 ] On May 7, 2019, the mother informed the Youth Protection worker that she received a letter from the Régie du logement asking her to vacate her apartment.

The mother and the child moved into the father’s apartment, while he moved in with a friend in another building. She is now looking for a new apartment. [ 18 ] The parents need to work on their communication issues and ways to resolve their conflicts in a positive manner. The parents also need to ensure that the child receives the health care and services that he requires. [ 19 ] The parents’ gains are recent and fragile. The Director’s intervention remains necessary in order to support them in ensuring that the child’s environment remains free of conflict.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for extension; [ 21 ] DECLARES that the security or the development of the child is still in danger; [ 22 ] EXTENDS the order rendered on July 9, 2018; [ 23 ] ORDERS that the child be entrusted to the care of his mother; [ 24 ] ORDERS that the contacts between the child and his father be determined by the Director of Youth Protection and TAKES ACT that those contacts will be encouraged; [ 25 ] ORDERS that the parents ensure that the child is not exposed to any verbal or physical violence or conflict; [ 26 ] RECOMMENDS that the parents continue to reside separately until the completion of their couple therapy sessions and until agreed upon by all parties; [ 27 ] RECOMMENDS that the parents continue to engage in psychosocial supports services to address the child’s behaviour and diagnosis; [ 28 ] RECOMMENDS that both parents continue to engage in couple therapy; [ 29 ] RECOMMENDS that the mother attend an anger management class; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 31 ] THE WHOLE for a period of six months; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 4, 2019 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Jean-Hervé Thomas Counsel for the mother Date of hearing: May 27, 2019