2016 QCCQ 18281, 2016 QCCQ 18281

Protection de la jeunesse — 169158 2016 QCCQ 18281 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-031790-165 DATE: December 21, 2016 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION -and- X Born on [...], 2011 Child A B Parents ______________________________________________________________________ JUDGMENT Art. 38 Y.P.A. ______________________________________________________________________ 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 Court is seized with a motion under

section 38 of the Youth Protection Act requesting that the security or development of X (5 years old) and his sister, Y (7 years old), be declared to be in danger because of a situation of neglect and a serious risk of neglect and also because of psychological ill-treatment. [ 2 ] Essentially, to correct the situation, the Director recommends that both children remain in the care of their mother at the exclusion of the father.

Measures concerning the contacts between the children and their father are asked with a social follow up for a period of 9 months. [ 3 ] The Court decide to proceed by a joint hearing. [ 4 ] The mother is represented by attorney. The father, informed of his right to be represented by an attorney, declines. [ 5 ] Essentially, both parents recognizes the situation as reported by the Director. They are in agreement with the measures proposed. CONTEXT AND ANALYSIS [ 6 ] The family is followed by the Director since 2013 for issues of conjugal violence, neglect ans serious risk of physical abuse.

[ 7 ] The children’s father is living in Town A with his partner and their daughter. He has minimal contacts with his children since the last 2 years saying that the mother prohibits him to see them. [ 8 ] The mother maintains an « on and off » relationship with Mr. C. They are expecting a second child. The children are exposed to their ongoing serious conflicts as they were with Mr. B. [ 9 ] The mother recognizes that sometimes she has difficulties to maintain a proper structure and routine with the children. She also recognizes that she yells and has poor control over her emotions.

She can be easy overwhelmed by the care of her children. [ 10 ] It is hard for the mother to understand the impact of her difficulties on the development of the children. [ 11 ] X has to leave his daycare because of his behaviours. He his more able to follow structure and routine at school and into kindergarten since few months. The sister’s child missed a lot of school last year which impacted her ability to be grated. [ 12 ] CONSEQUENTLY AND FOR THESE REASONS, THE COURT : [ 13 ] DECLARES that the security and the development of X are compromised under

Section 38 c), b) 2 and b) 1 iii of the Youth Protection Act; [ 14 ] AS CORRECTIVE MEASURES : [ 15 ] ORDERS that the child remain in the care of their mother at the exclusion of Mr. C; [ 16 ] ORDERS that the frequency and modality of contacts between the child and Mr.

B be determined by the Director of Youth Protection, taking judicial notice that a third party is to be used for exchanges; [ 17 ] ORDERS that the child is not be exposed to any form of verbal and/or physical violence, including the use of threats and denigration; [ 18 ] ORDERS that the child continue to attend school daily, unless for a valid medical reason; [ 19 ] RECOMMENDS that Mrs.

A engage in therapeutic services that adresses conjugal violence, with a anger management component, and that she follow any recommandations made by the treating professionals; [ 20 ] RECOMMENDS that Ms A collaborate with the services of an educator to augment her parental capacity; [ 21 ] RECOMMENDS that Ms A seek regular mental health follow-up, and that she follow any recommandations made; [ 22 ] RECOMMENDS that the parents take steps to resolve their conflictual relationship, by adhering to co-parenting classes and/or mediation services in order to effectively co-parent; [ 23 ] ORDERS that aid, counsel and assistance be provided to the child and the family for a period of nine (9) months. [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q.

Me Heidi LECHTER Batshaw’s Attorney Me Christian BENOÎT Child’s Attorney Me Jean-Hervé THOMAS Mother’s Attorney Date of hearing: December 21, 2016