2019 QCCQ 15929, 2019 QCCQ 15929

Protection de la jeunesse — 195998 2019 QCCQ 15929 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000609-195 DATE: July 3, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2013 Child -and- A -and- B (DECEASED) Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security and development of the child are in danger because of unreasonable educational methods. His brothers are aimed by the same application. The parties agree to proceed by common evidence. [ 2 ] The DYP amends her proceeding to modify the motive of endangerment to

section 38e)2 o of the Youth Protection Act , to which all parties agreed. [ 3 ] At the hearing, the mother is present and assisted by a lawyer. Even if the mother denies or, denies as written some facts, she, nonetheless, agrees with the recommendations of the DYP. The child is absent but duly represented and his counsel expresses his consent with the measures proposed by the DYP.

All parties consent to the filing of the reports to value the testimony of their authors. [ 4 ] The DYP got involved in the child’s life regarding the family situation and because some behavioral issues were demonstrated. [ 5 ] The child was born following a brief relationship between his parents. He was subsequently adopted by his mother’s new partner M. C, who is now deceased. [ 6 ] Since 2017, the mother is in a relationship with M. D and they are married. They have an on-off relationship and a lot arguments go on between the couple.

The latter does not have any children and he is overwhelmed with all the parental obligations required while living with the children. [ 7 ] From Mister D’s point of view, when he was living with the mother, she was neglectful with the children. She shared with him things she did to the children, but he never witnessed anything except hearing sounds of whacking. At the beginning of 2019, their relationship ended for good. [ 8 ] The mother has to work on her personal problems and requires professional support services.

In fact, she denies every allegations of physical abuse, but the evidence shows that at least some disciplinary measures taken by her are inappropriate and out of proportion. However, she also admits that her methods can be unreasonable. She does collaborate with the services and intends on continuing. [ 9 ] Since the children have been entrusted to a foster family, the mother has been in conflict with the foster mother. She has some

concerns regarding this family. Her worries were addressed to them. The mother relates certain things happening in the foster family, but both children have different versions of those events. However, their version does not support the mother’s allegations. [ 10 ] Nevertheless, the mother is aware that work has to be done concerning her own issues. She collaborates and she implicates herself with the professionals involved with the family. [ 11 ] X is 6 years old. Contrary to his brothers, he has no behavioral issues.

He functions well in his foster family. [ 12 ] Since the children were entrusted to a foster family, significant progress has been noticed concerning their behaviour. At the end of June 2019, the mother had visitation with them without supervision because of the positive progress observed. [ 13 ] During the current measure, the mother should prioritize the needs of her children and have a healthy relationship with them. She must change her ways of intervening with them with the help of the specialized educator. All family members should be involved with services to the extent of their abilities.

The children need a structured environment without violence, fear, yelling or inadequate methods of disciplinary measures in order to develop properly. [ 14 ] The evidence demonstrates that the security and development of the child are in danger. Under the circumstances, considering the admissions and the consents of the parties, the application is well founded. The recommended measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and development of X are considered to be in danger according to

section 38e)2 o of the Y outh Protection Act ; [ 17 ] ORDERS that the child be entrusted to a foster family designated by the DYP; [ 18 ] ORDERS that contacts between the child and his mother be determined following agreement between the parties, including their supervision, as long as deemed necessary; [ 19 ] ORDERS the mother to actively participate in the measures orders to put an end to the situation of endangerment; [ 20 ] ORDERS the mother to report whenever required by the DYP on the measures they apply to themselves or to their child to put an end to the situation that compromises his security or development; [ 21 ] RECOMMENDS that the child receive a psychological counselling, as long as deemed necessary; [ 22 ] RECOMMENDS to the mother to submit herself to an assessment of her parental capacities and to a psychological assessment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until December 31, 2019; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Me Ariane Cayer for the mother Written judgment filed on July 17, 2019