2021 QCCQ 15718, 2021 QCCQ 15718
Opinion
Protection de la jeunesse — 219267 2021 QCCQ 15718 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006373-206 760-41-006371-200 760-41-006372-208 DATE: October 4, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born […], 2013 Y , born […], 2011 Z , born […], 2006 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] On January 21, 2021, the Court orders the application of various measures of protection in reason of the children’s continued exposure to a dysfunctional family dynamic stemming from a severe parental conflict. [ 2 ] The eight months order provides that the children remain with their parents in virtue of the Superior Court order while applying rehabilitative measures. [ 3 ] The Director of Youth Protection seeks the extension of these measures for another eight months.
The parties consent to the proposed evaluation and orientation, signing an agreement of non-attendance. At the hearing, the attorney for the children also confirm consent. [ 4 ] After evaluating the evidence, the Court endorses the conclusions of the application. The facts justifying this decision are as follows. Analysis and decision [ 5 ] The rehabilitation process continues to evolve since the last order. [ 6 ] The parents participate in regular co-parenting meetings with the caseworker, either with individually and/or jointly.
They adopt certain strategies to improve their communication (parenting log, communication contract). [ 7 ] Both parents undertake individual follow-ups in order to help them better understand their personal dynamics and challenges. [ 8 ] The last few months have shown them opening up more and being able to communicate together in a more respectful manner. [ 9 ] The children continue to be impacted by their family dynamic in various ways. [ 10 ] Z and Y continue to struggle with anxiety. Various services are put in place to support them (follow-up with WITC, educator, medical services).
[ 11 ] Overall, there are positive changes as the parents remain diligent in their efforts to co-parent adequately. The parties recognize that the challenges remain significant and agree to continue the ongoing services. [ 12 ] While the Court concludes necessary that the rehabilitative process continue in the children’s best interests, it is encouraging that the situation is finally progressing in the right direction towards establishing a healthy family dynamic.
FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] DECLARES that the security and the development of the children are still in danger; [ 15 ] EXTENDS the court order rendered on January 13, 2021; [ 16 ] ENTRUSTS the children to their parents according to the Superior Court judgment; [ 17 ] AUTHORIZES the Director of Youth Protection to exchange information with the school as well as with the professionals of the A Therapy Center (ATC); [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children regard to put an end at the situation in which the security or development of the children is in danger; [ 19 ] ORDERS that the children and their parents take an active
part in the application of the measures ordered, namely that the parents continue to participate in co-parenting meetings and that the parents pursue a follow-up to work on their personal difficulties; [ 20 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the children and their family; [ 21 ] THE WHOLE for 8 months; [ 22 ] ENTRUSTS the situation of the children to the Director of Youth protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Audrey-Anne Monière Attorney for the Applicant Me Karine P.
Poissant Attorney for the children Y and X Me Gabriel Larose Attorney for the child Z Date of hearing: October 4, 2021 Date of signature: November 22, 2021
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