2020 QCCQ 14485, 2020 QCCQ 14485

Protection de la jeunesse — 209254 2020 QCCQ 14485 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006390-200 760-41-006214-202 760-41-006215-209 DATE: December 11, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2019 Y , born on [...], 2018 Z , born on [...], 2015 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v. A B (Y and

X) Parents ______________________________________________________________________ RECTIFIED 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.). [ 1 ] On May 16, 2019, the Court renders orders applying various measures of protection in regards to the two older siblings in reason of their exposure to persistent and severe family conflict. Within a nine-month order, the Court entrusts the children to their mother to the exclusion of Mr.

B for the first three months. [ 2 ] The parents having since separated, the Director now seeks the revision and extension of these orders as well as a protection order as regards to their subsequently born sibling. [ 3 ] Through his attorney, the father consigns that he does not contest the application. The mother and the children’s attorney, acting under a legal mandate, subscribe to the orientation. [ 4 ] The Court endorses the application with the following analysis of the children’s situation. Analysis and decision [ 5 ] Since the last order, the children remain under their mother’s care.

The father reintegrates the family environment in November 2019, after having maintained regular contacts and invested himself in services (anger management and perpetrators of conjugal violence). [ 6 ] The parents collaborate with the follow-up and declare working on their relationship in order to avoid arguments. [ 7 ] On […], 2019, the mother gives birth to her second child with Mr. B. [ 8 ] As of 2020, the parent’s involvement wanes.

The mother becomes evasive and refuses to resume services meant to ensure a safety net for the family. [ 9 ] Another incident of conjugal violence is brought to the Director’s attention in June 2020. Following a police intervention having occurred a few weeks prior, both parents are charged with assault and a mutual prohibition of contacts is put in place.

[ 10 ] When confronted with these facts, the parents become belligerent and dismissive. They state their refusal of further services. [ 11 ] The parents separate shortly thereafter within the context of another incident of conjugal violence.

The mother then admits that her relationship with the father remains fraught with conflict and violence of which the children continue to be witness. [ 12 ] A provisional agreement intervenes entrusting the children to their mother with supervised contacts to their father. [ 13 ] Having now transitioned from a shelter to a new apartment, the mother is making efforts to stabilize her personal and family situation.

She undertakes custody proceedings before the Superior Court and affirms not having the intention to renew her relationship with the father. [ 14 ] The mother is also more collaborative and undertakes to remain protective of her children. The children are evolving positively under her care. [ 15 ] The father remains of unknown address and disinvested since the provisional order. As such, no contacts occur with the children.

At the present time, it is unknown how, and even if, he intends to assume his parental role. [ 16 ] As the children’s situation remains at risk of instability in regards to the family’s history and their exposure to an unhealthy dynamic, the continued implication of social services remains in their best interests. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] DECLARES that the security and the development of Z and Y are still in danger; [ 20 ] DECLARES the security and the development of X in danger in reason of : • psychological ill-treatment (article 38c) Youth Protection Act ) [ 21 ] ENTRUSTS the children to their mother; [ 22 ] ORDERS that the contacts between the children and Mr.

B be following agreement between the parties and in the presence of a third party chosen by the Director and conditional to three meetings with the Director; [ 23 ] ORDERS that the mother and Mr. B report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard put an end at the situation in which the security or development of the children are in danger; [ 24 ] ORDERS that the mother and Mr. B take an active

part in the application of the measures ordered; [ 25 ] ORDERS that the mother’s coordinates remain confidential to the father; [ 26 ] FORBIDS the mother and Mr.

B to be together in the presence of the children; [ 27 ] AUTHORIZES the Director of Youth Protection to make unannounced visits to the family milieu; [ 28 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the children and their family; [ 29 ] ALL THESE MEASURES for 6 months; [ 30 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne-Catherine Bujold Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Samantha Roy Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: December 11, 2020 Date of signature: February 15, 2021