2021 QCCQ 4599, 2021 QCCQ 4599

Protection de la jeunesse — 212236 2021 QCCQ 4599 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N os : 455-41-001179-183 ; 455-41-001180-181 DATE: January 28, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2009 Y Born on [...], 2006 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection A Applicant -and- A -and- B Children’s parents ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting the revision of the Court order rendered on October 22, 2019, in the present file. [ 2 ] By this decision, the Tribunal declared that the security and development of X and Y were still in danger for educational and physical neglect and psychological ill-treatment. [ 3 ] As protective measures, the Tribunal entrusted the children to their father, authorized supervised contacts with their mother upon agreement and according to the modalities agreed with the Director, and ordered a social follow-up, the whole for a period of one year. [ 4 ] Today, the Director considers that the security and development of X and Y are still in danger for the same motives. [ 5 ] Due to the new facts alleged by the Director, she recommends that the protective measures be revised so the Court orders that the children remain entrusted to their father, that contacts with their mother being authorized according to the frequency and modalities determined by the Director, including the degree of supervision required. [ 6 ] The Director also recommends that the parents participate to co-parenting meetings offered by the Director. [ 7 ] Finally, the Director proposes a social follow-up, for a period of one year.

[ 8 ] At the hearing held on January 28, 2021, both parents are present. Only the mother is represented by an attorney. [ 9 ] The mother agrees with the Director’s recommendations.

She would like to be able to take medical appointments for her daughter when necessary without interfering with the judgment to be rendered in the present case. [ 10 ] The father disagrees with the co-parenting meetings since it didn’t work in the past, but agrees with the Director’s recommendations and with the mother’s demand. [ 11 ] The children’s lawyer, after hearing the evidence, agrees with the Director’s recommendations, including the co-parenting meetings and asks that a recommendation be added for the mother to participate in a psychological follow-up.

Evolution of the situation [ 12 ] Although not much progress was made regarding the parental conflict, the children continue to evolve positively with their father. [ 13 ] The father is devoted to answer the children’s needs. He quit his job during the pandemic to take care of them while they were not in school. [ 14 ] A mediation meeting was held with both parents in order to address co-parenting.

Despite the fact that the mother was able to apologize for some past conflictual situations, the father did not wish to continue such meetings, stating that it is too difficult to handle. [ 15 ] The father claims that the mother is not able to sustain any real change in her lifestyle which makes it difficult to work on co- parenting issues. [ 16 ] In fact, the mother did maintain an unstable lifestyle and did not follow through with the recommendation to receive a psychological evaluation and follow-up. [ 17 ] In March 2020, the mother lost both her job and her apartment.

Since then, she is struggling to make ends meet and to find a place to live. [ 18 ] It is hard for the mother to acknowledge that she needs personal help. When she finally did, she was referred to the CSSS. She is currently on a waiting list for a personal follow-up. [ 19 ] The contacts between the children and their mother have been supervised according to various modalities over the last Court order.

The visits are now supervised by and at the maternal grandmother’s residence. [ 20 ] For a period of time during the spring of 2020, Y refused to attend the visits with her mother but was never able to explain why to the delegate. However, she now participates to all contacts. [ 21 ] During the same period, Y also experimented a difficult time when she was dating a boyfriend who had a bad influence on her. [ 22 ] Y does not express easily her emotions and feelings.

She now benefits from a personal follow-up with the CSSS in order to help her at this level but her participation is not optimal. [ 23 ] X is also secretive and does not like to share on his emotions but refuses individual help. [ 24 ] At the final hearing, the Tribunal is informed of a situation when Y complained to her father of a tummy ache. [ 25 ] The father called info-santé but refused to bring the girl to the hospital, finding it unjustified. [ 26 ] Afterwards, the mother went for a medical consult without informing the father or the delegate. [ 27 ] She also had Y tattooed by a non-professional and without the father’s consent. [ 28 ] This is why the mother is now requesting to be able to make medical appointment for her children.

The measures [ 29 ] The Tribunal finds that forcing co-parenting meetings while the mother has not yet addressed her personal issues is counterproductive. [ 30 ] The mother should consult with a psychologist and follow the recommendations. [ 31 ] Nonetheless, the parents need to find a way to communicate with each other and inform one another about medical appointments and decisions for the children. [ 32 ] Both children need to see their mother regularly and that their mother being stable and available for them. [ 33 ] She must make the efforts in order to answer her children’s needs.

FOR ALL THESE MOTIVES, THE COURT: GRANTS the present application with the following additions and modifications; DECLARES that the security and development of the children X and Y are still in danger; REVISES the Court order rendered on October 22, 2019, in the present file; ENTRUST the children X and Y to their father; AUTHORIZES in favour of the children X and Y contacts with their mother, according to the frequency and modalities determined by the Director of Youth Protection, including the degree of supervision required; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply to themselves or their children in order to end the compromising situation; RECOMMENDS that the parents find ways to establish a functional and respectable communication with the help of the Director of Youth Protection; RECOMMENDS that the mother seek a psychological evaluation and follow-up if been necessary; ORDERS that the parents participate actively to the measures set forth to end the compromising situation; ORDERS that a person working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X and Y and their family, for a period of one year; ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier, Counsel for the DYP M e Ysabelle Proulx, Counsel for the children M e Valérie Boucher, Counsel for the mother Hearing date: January 28, 2021 Exhibits: D-6 and D-7 Date of written judgment: April 8, 2021