2016 QCCQ 5365, 2016 QCCQ 5365

Protection de la jeunesse — 162948 2016 QCCQ 5365 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-028727-147 DATE : February 8, 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2008 Director of Youth Protection A Applicant B Father and C Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] With the consent of all parties, a common hearing was held in the case of the children Y and Z and A and X. [ 2 ] The Director of Youth Protection is asking the Court to extend the order rendered on September 16, 2014, thereby entrusting the children to the care of their mother, to the exclusion of the father, with various corrective measures for a period of nine months. [ 3 ] Essentially, the Director alleges that although the issues related to the endangerment of the children has improved to some extent, the situation remains fragile and the continuation of social services is necessary. [ 4 ] Both parents admit the majority of the allegations and consent to the measures proposed.

The context [ 5 ] The initial declaration of endangerment was based on the following issues: - The children were repeatedly exposed to parental conflict; - The father employed unreasonable methods in raising his children; - The father was physically and verbally abusive towards the mother; - The father had an alcohol dependency issue. [ 6 ] The measures imposed mainly targeted the father’s issues, the purpose being to eventually reunite the family.

The evidence [ 7 ] Since September 2014, the father has shown some progress, namely: - He has completed an anger management program; - He has considerably reduced his alcohol consumption;

- Visits with the children have been regular and have gone well for the most part. [ 8 ] The father has shown thoughtful and sincere participation in the anger management program as well as with the social follow up. He recognizes the seriousness of the violent behaviour that he has displayed in the past and acknowledges the role that alcohol has played in the process. [ 9 ] On the other hand, he has not sought any services specifically geared towards his alcohol dependency.

He is of the opinion that he doesn’t require assistance in that regard. [ 10 ] According to the youth protection worker, the father states that he has ceased all alcohol consumption and intends to remain abstinent. There is nothing to indicate otherwise. [ 11 ] Communication between the parents has greatly improved. Although they continue to have verbal arguments on occasion, they occur outside the presence of the children and are managed adequately. Couples counselling was recommended by the youth worker but the parents have only attended two sessions.

They invoke financial difficulties for their lack of participation. [ 12 ] Although the mother has expressed ambivalence over the past year regarding the status of her relationship with the father, she has recently accepted his reintegration into the family home. [ 13 ] Consequently, following the Court’s declaration of endangerment on October 30, 2015, interim measures were ordered allowing the father to return home. [ 14 ] The children have been developing well, both socially and academically. They have appreciated the visits with their father.

They express being happy at having their father back home and they confirm that the parents have been getting along well. Analysis [ 15 ] Although the situation has improved, there continues to be some unresolved difficulties. [ 16 ] In particular, the father’s alcohol consumption remains an issue best treated by professionals. Father’s insistence that he can manage on his own is unwise.

Considering that his drinking is at the heart of his previous violent behaviour, his refusal to consider services could potentially sabotage the intervention plan. [ 17 ] The Court is advised that the father consents to random alcohol testing. The Director’s sustained supervision will play a pivotal role in ensuring the children’s safety. [ 18 ] The Court encourages the father to keep an open mind and to give serious consideration to the services proposed by the youth protection worker regarding his drinking habits. [ 19 ] The stability of the parent’s relationship also remains a concern.

Although the father’s reintegration has progressed well, long- term success will require sustained effort and commitment on the part of both parents. [ 20 ] The mother’s previous experiences have made her understandably apprehensive. She has been asked to consider participating in a program for victims of conjugal violence. Such a measure would in fact be well-advised, allowing her to address the trauma of her past. [ 21 ] The same can be said regarding couples counselling. In the best interests of the family, all efforts should be made to ensure the success of the current intervention.

Conclusion [ 22 ] Considering the evidence presented as well as the admissions made, the Court concludes that the children’s safety and development requires an extension of the order. [ 23 ] Furthermore, and considering the consent of the parties, the Court concludes that the recommendations are in the children’s interest. [ 24 ] CONSIDERING that the security or development of the children was declared endangered on October 30, 2015 [ 25 ] THE COURT: [ 26 ] GRANTS the motion; [ 27 ] ORDERS that the children be entrusted to the care of their mother and TAKES JUDICIAL NOTICE that the father currently resides in the family home; [ 28 ] ORDERS that the father refrain from consuming or being under the influence of alcohol while in the presence of the children; [ 29 ] TAKING JUDICIAL NOTICE of his consent, ORDERS that the father submit to random alcohol testing as requested by the DYP; [ 30 ] ORDERS that the father refrain from using any physical discipline and verbal abuse with the children; [ 31 ] ORDERS that the parents ensure that the children are not exposed to any form of conjugal violence; [ 32 ] RECOMMENDS that the parents take steps to address their conjugal issues in particular that the mother participate in a program

for victims of conjugal violence, that the father engage in services related to his alcohol consumption and that the parents engage in couples therapy; [ 33 ] TAKING JUDICIAL NOTICE of the parties’ consent, AUTHORIZES the DYP to exchange information with treating professionals working with the family; [ 34 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the children and their family; [ 35 ] ENTRUSTS the situation of the children Y et Z and A and X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 36 ] THE WHOLE for a period of nine months.

SIGNED IN TOWN A On February 23, 2016 __________________________________ KAREN OHAYON, J.C.Q. Edith Zavodni Attorney for the D.Y.P. Sonia Harvey Attorney for the children François Pelletier Attorney for the mother Lilian Stah Attorney for the father Date of hearing: October 30, 2015 and February 8, 2016 KO/lf