2018 QCCQ 20142, 2018 QCCQ 20142

Protection de la jeunesse — 189990 2018 QCCQ 20142 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-032723-173 DATE : December 12, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2012 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 December 12, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered on September 20, 2017. [ 3 ] Today, the Director recommends that diverse support measures be ordered for a period of six months. [ 4 ] The 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 her rights? Context and Analysis [ 6 ] The parents’ communication has improved but their relationship remain con-flictual. Despite efforts, the child has continued to be exposed to the parents’ conflict. [ 7 ] In October 2017, and educator started working with the family. [ 8 ] The father has continued to see a psychotherapist from [Organism A]. The mother began seeing a therapist at CLSC A in November 2017. She since stopped her therapy as she returned to school.

She still has the project of participating in a therapeutic process [ 9 ] In October 2017, in order to support the child regarding her sister’s cancer diagnosis and her parents’ divorce, she started seeing an art therapist. [ 10 ] In November 2017, the child’s school reported that she was hitting peers and having difficulty listening to authority figures. In December 2017, the school reported that the child was touching other students inappropriately and not respecting their personal space.

[ 11 ] The child often takes a parentified role with her sister. [ 12 ] The Director observes that the parents are working more collaboratively then before. The children appear comfortable in the homes of both parents. Despite some improvements in the parents’ communication, the Director’s intervention remains necessary. At times, their anger and resentment toward one another remains too important and creates a risk for the child to be exposed to the parents’ conflicts.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision and extension; [ 14 ] DECLARES that the security or the development of the child is still in danger; [ 15 ] REVISES and EXTENDS the order rendered on September 20, 2017; [ 16 ] ORDERS that the child be entrusted to her parents’ care and TAKES NOTE that the parents are following their Superior Court order; [ 17 ] ORDERS that the parents ensure that the child is not being exposed to any couple conflict; [ 18 ] RECOMMENDS that both parents participate in parenting classes together or separately and TAKES ACT of the parents’ consent to do so; [ 19 ] RECOMMENDS that the parents continue to engage in therapy for as long as deemed necessary; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 21 ] THE WHOLE for a period of six months; [ 22 ] 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 December 19, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Maude Jasmin Counsel for the child Mtre Marc Morin Counsel for the father Date of hearing: December 12, 2018