2015 QCCQ 12121, 2015 QCCQ 12121

Protection de la jeunesse — 153363 2015 QCCQ 12121 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-026139-121 / 525-41-026140-129 Date: May 13, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 In the case of: Y Born on […], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) JD2620 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 hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 13, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with two motions for extension of an order rendered by the undersigned, on April 3, 2014, whereby the now fifteen and eleven year-old children, X and Y , were entrusted to both their parents with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motions for extension dated March 5, 2015, are as follows: 3.1. the parents’ divorce proceedings remain pending in Superior Court; 3.2. the parents continue to expose the child and sibling to their parental conflicts and arguments; 3.3. the mother continues to want full custody of the child and sibling, as she states that the father is emotionally abusive, denigrating, and manipulative; 3.4. neither child has reported any concerns or indications of emotional abuse on the part of the father; 3.5. the child X continues to struggle in school; 3.6. the child X has been struggling with issues of self esteem; 3.7. in December 2014, the child X disclosed that she would smoke marijuana every day after school in Secondary 1 and 2, as an emotional coping mechanism; 3.8. the child X has recently begun to receive therapeutic follow up; 3.9. the child X has begun to be more open to discussing with her father and his new girlfriend, C, the abuse that she endured at the hands of the paternal grandfather;

3.10. the father’s girlfriend, C, has been a positive influence and support for both the children and the father; 3.11. the father continues to struggle with the paternal grandfather sexually abusing X, however, he has begun prioritizing and respecting X’s feelings, and therefore being able to discuss it more openly with her; 3.12. continued youth protection involvement is required to solidify the gains made and to support the family through any conflicts that may arise (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and considering more recent developments in the family’s situation, the Director recommends that the children be entrusted to the care of their mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother admitted all the alleged facts and consented to the proposed measures. [ 6 ] The father, assisted by Me Nephtali, also admitted all the allegations and consented to the proposed measures. [ 7 ] The children, assisted by Me Lefebvre, admitted most of the alleged facts and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, prepared by [Social Worker 1], dated February 25, 2015; D-2: Addendum to court report, prepared by [Social Worker 1], dated May 8, 2015. [ 9 ] In

summary, the evidence establishes the facts alleged. [ 10 ] As summarized in the Court report and Addendum , the family has made progress and the girls’ exposure to parental conflict has diminished: Over the last couple of years, Ms. A and Mr. B have learned ways to resolve issues with this undersigned only attending to the conflict after the fact. Both parents have attended the [Program A] and are using the tools to the best of their abilities, in addition to having worked with educator, Ms. [Social Worker 2] for over a year.

The DYP does not expect perfection from parents and it is recognized that they have made gains. [2] [ 11 ] However, serious outbursts continue to occur and adversely affect the children. The parents must remain vigilant as they finalize their divorce proceedings: More recently, it becomes even clearer that many of the issues surround the parents divorce and how the family is dealing with it. Ms. A and Mr. B’s biggest challenge will be to refrain from pointing blame at one another. It is believed that once the couples’ divorce is finalized, issues such as finances will be resolved.

The issue of custody no longer seems to be an issue as Mr. B does not want to force his daughters to reside with him but to have an open-door policy where he can continue to be part of their lives and improve their relationships. In the next period, it would be important for the DYP to solidify the gains that have been made. In addition, for parents to start communicating around what arrangements they will make in order to communicate around their daughter’s needs in preparation of eventual DYP closure. [3] [ 12 ] In addition, the children must continue to receive services and counselling to address their issues.

A psychological assessment will provide guidance as to how best meet X’s needs. [ 13 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motions are well-founded and that the recommendations are in the children's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motions; [ 15 ] DECLARES that the security and development of the children, X and Y , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILDREN'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the children be entrusted to the care of their mother; [ 17 ] TAKES JUDICIAL NOTICE that X will visit her father in her own time and would like to spend holidays, special occasions and vacations with her father; [ 18 ] TAKES JUDICIAL NOTICE that Y wishes to spend every second weekend, holidays, special occasions and vacations with her father; [ 19 ] ORDERS that contacts between the children and their father be encouraged; [ 20 ] ORDERS that X undergo a psychological assessment with a psycho-educational component and RECOMMENDS that she follow any recommendations that may be made;

[ 21 ] ORDERS that the children continue to benefit from counselling regarding sexual abuse and/or other therapeutic services recommended for as long as necessary; [ 22 ] ORDERS that the parents ensure that the children are not exposed to or involved in any parental conflict; [ 23 ] ORDERS that the parents ensure that the children are not violent towards each other; [ 24 ] ORDERS that the parents refrain from exposing the children to any denigrating comments regarding the other parent under any circumstances; [ 25 ] ORDERS that issues of finances and custody not be discussed with or in the presence of the children; [ 26 ] RECOMMENDS that each member of the family engage in individual therapy, as required; [ 27 ] PROHIBITS any contact between the children and their paternal grandfather, Mr.

D; [ 28 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the children and their family; [ 29 ] ENTRUSTS the situation of the children, X and Y , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of six months. TAYA DI PIETRO, Q.C.J. Me Camille Champeval Attorney for the Director of Youth Protection Me Josée Lefebvre Attorney for the children Me Guy Nephtali Attorney for the father TD/vl