r v. A, 2017 QCCQ 16968

Protection de la jeunesse — 177333 2017 QCCQ 16968 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005042-166 DATE: May 8, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2011 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

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 June 29, 2016, the Court revises the order in place as to the child X in regards to a situation of health care neglect, serious risk of neglect and psychological ill-treatment.

Within a 9 month protection order, the Court more specifically entrusts the child to her father while providing for supervised contacts with her mother. [ 2 ] While alleging an overall positive evolution of the child’s situation, the Director of Youth Protection applies for the extension of the measures for one year in order to further accompany the parents in the rehabilitation of their parental and personal situations. [ 3 ] The parents consign their admissions and subscribe to the Director’s evaluation and recommended orientation.

The child’s attorney, within her legal mandate, shares this position. [ 4 ] Analysis and decision [ 5 ] X resides with her father since the last order. He diligently attends to his daughter’s needs on all levels. [ 6 ] X attends daycare until starting school in September 2016. Although her ongoing medical issues are still having an impact, she is developing well and acquiring more autonomy.

An individualised service plan is put in place to clarify the needs of the family and coordinate interventions. [ 7 ] Divorce proceedings are still ongoing, with the father having X’s provisional custody. [ 8 ] The supervised visits between X and her mother occur on a weekly basis. Overall, they evolve positively, the parties agreeing to adjustments to respond to specific reactive periods from X (end of 2016). However, the mother still requires support as to ensuring structure, limits and hygiene. [ 9 ] X is increasingly happy to see her mother and is benefitting from her presence.

As of recently, the contacts are at the mother’s domicile. The plan is to progressively lift the supervision of the contacts over the summer period. [ 10 ] X can be oppositional and tenacious in getting her way. Both parents struggle with the application of routine and structure. To respond to this situation, the services of an educator are put in place. Such is ongoing with the mother to offer educational and coaching services during the contacts in view of improving her parental skills. The educator ceases her intervention with the father in September 2016, in view of the improvements observed.

[ 11 ] The parental relationship remains strained and communication is difficult. [ 12 ] The father cooperates fully with the interventions. Following the recommendations of the worker, he intends to refer to his employer for more individualized services and support. [ 13 ] Within the interventions, the mother still struggles with the reasons having justified the intervention of social services and the structuring of her contacts with her child. She has difficulties accepting the reasons justifying her husband’s decision to separate, blaming the youth protection authorities.

Although she is more cooperative and receptive to coaching, self-control and emotional outbursts remain ongoing issues. [ 14 ] The mother makes significant strides in addressing her various difficulties.

More notably, she is now living in an apartment and receiving services from Santé mentale adulte . [ 15 ] The mother’s psychiatrist states that the her mental state is stable, that she no longer presents psychotic or depressive symptoms and is maintaining her treatments (Report dated January 30, 2017, produced in evidence M-1). [ 16 ] Since February 2017, the parents participate in joint meetings through Santé mentale adulte , in view of improving their communication and co-parenting.

They also undertake a follow-up with the Clinique de Psychiatrie Transculturelle . [ 17 ] The family dynamic remains fragile and both parents continue to require accompaniment in regards to their respective parental roles.

As such, the situation of endangerment remains and it is in X’s best interests that protective measures continue to ensure her development as well as her relationship with her parents. [ 18 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application for extension of a Court decision; [ 21 ] DECLARES that the security and development of the child are still in danger; [ 22 ] EXTENDS the Court order rendered on June 29, 2016; [ 23 ] ORDERS that the child be maintained with her father; [ 24 ] ORDERS that the contacts between the child and her mother be following agreement between the parties in the presence of a third party chosen by the Director; [ 25 ] AUTHORIZES lifting of said supervision of the contacts between the child and her mother on a partial or total basis, depending on the evolution and following agreement between the parties; [ 26 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which her security or development are in danger; [ 27 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 28 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and her parents; [ 29 ] RECOMMENDS that the mother pursue a follow-up in regards to her mental health difficulties; [ 30 ] RECOMMENDS that the father undertake a personal follow-up; [ 31 ] ALL THESE MEASURES for one year; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Dina Allam Attorney for the Petitioner Me Maryse Fournier Attorney for the mother Me Michel Robert Attorney for the father Me Karine P. Poissant Attorney for the child

Hearing date: May 8, 2017