2022 QCCQ 13865, 2022 QCCQ 13865

Protection de la jeunesse — 224609 2022 QCCQ 13865 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 140-41-000698-223 DATE: August 22, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2006 Adolescent and A B Parents/Respondents ______________________________________________________________________ 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 9.2 and 9.3 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 and to order the application of protective measures. [ 2 ] The DYP submits that the child suffers from educational neglect (section 38(b)1 o iii of the Youth Protection Act (YPA)) as well as psychological ill-treatment (38(

c) YPA) and that he presents serious behavioural disturbances (38(

f) YPA). The DYP notably recommends that the child remain entrusted to his mother with a follow-up for the next six months. In regard to contact between the child and his father, the DYP wishes to be authorized to supervise them as long as deemed necessary. [ 3 ] Both mother and child, the latter through his lawyer’s voice, agree with the recommendations sought by the DYP. The father only denies the need for his contact with his son to be supervised. Following the hearing, the Court grants the application, rendering judgment orally.

Here are the reasons supporting that decision. [ 4 ] The child lives with his mother, her spouse and his siblings. He usually visits his father in Ontario during the summer. [ 5 ] Despite the long time elapsed since separation, the parents maintain a conflictual relationship. The child witnesses his parents yelling over the phone when they talk to one another. He is also asked to pass messages between his parents, with puts him in an uncomfortable situation. [ 6 ] Moreover, the child also reveals to social workers that things are difficult at home, since there is a lot of conflict.

He indicates that yelling occurs on a daily basis either between the mother and her spouse or between him and his mother. [ 7 ] That exposure to conflict has a negative impact on the child, which leads the Court to conclude that he is subjected to psychological ill-treatment. [ 8 ] In addition, the child is neglected. He is notably diagnosed with an attention deficit hyperactivity disorder (ADHD) as well as an anxiety disorder with obsessive-compulsive traits. In school, he struggles both academically and emotionally.

He needs a lot of support to be able to function in daily life. [ 9 ] Unfortunately, the mother is not able to put in place the necessary routine and structure. She fears what will happen if she sets limits, and consequently, she fails to do so. Over the last few years, help was provided to the family, but the mother’s cooperation is not consistent. She cancels or fails to attend scheduled meetings. She also tends to blame the child, making him responsible for most of the difficulties in the family.

[ 10 ] This being said, the evidence also reveals that the child presents behavioural disturbances. In fact, he has always shown difficult behaviours. He defies authority, screams and can be verbally aggressive. He’s been taking medication since he was four-year old. [ 11 ] During the summer of 2021, the child visits his father and wants to stay there. The father is reluctant as well to send the child back home. Following his return, the child refuses to take his medication and states his father agrees with him. [ 12 ] The last school year is quite difficult for the child. He misses school frequently.

He shows a lot of anger. From around February, he is suspended from school until the end of the school year, receiving online class. [ 13 ] There is a lot of work to do in that family. There are numerous problems and significant needs. The situation obviously requires a youth protection follow-up. Both parents as well as the child must cooperate with workers in order to solve their issues. [ 14 ] The father denies the need for the supervision of contact with his son. The Court concludes that, for the moment, the supervision is necessary.

The child has to cope with a lot of stress and he is exposed to conflict and inappropriate speech. The father is not the sole responsible for it, but he nevertheless plays a part. The child tends to call him when he is mad, and the father does not help him to calm down. In fact, the father has a hard time managing his own emotions, as observed by the social worker when she tries to discuss with him. The supervision of contact meets the best interest of the child. [ 15 ] At the light of the evidence, the Court concludes that the application is well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)1 o iii, 38(

c) and 38(

f) of the youth protection act ; [ 18 ] ORDERS that the child be maintained in his maternal environment; [ 19 ] ORDERS that contacts between the child and the father be determined according to the agreement between the parties and AUTHORIZES the DYP to supervise them, as long as deemed necessary; [ 20 ] ORDERS that the child receive the health care and social services required according to his condition, particularly medical follow-up and a follow-up with a child psychiatrist; [ 21 ] PROHIBITS that the parents expose the child to any form of violence; [ 22 ] ORDERS that the child and the mother benefit from external rehabilitation services, as long as deemed necessary by the DYP; [ 23 ] ORDERS that the child and his parents actively participate in applying the measures ordered; [ 24 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until April 30, 2023; [ 25 ] 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 judgment; [ 26 ] ORDERS that the persons concerned by this judgment conform to it. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Richard Jeannotte for the adolescent Me Mylène Murray for the mother Mr. B the father Written judgment filed on August 26, 2022