2018 QCCQ 15792, 2018 QCCQ 15792

Protection de la jeunesse — 186653 2018 QCCQ 15792 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005470-177 760-41-005471-175 DATE: March 19, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2008 Y, born [...], 2008 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant 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 ] The Director of Youth Protection applies for the revision of the protection measures in place in regards to the the siblings X and Y, in relation to a situation of educational neglect, physical abuse and psychological ill-treatment. [ 2 ] In virtue of the previous judgment dated September 14, 2017, the Court entrusts the children to Ms C and permits supervised contacts with their parents.

Various other measures of aid and counsel accompany the children and their family for one year. [ 3 ] To justify the revision, the Director alleges that the children can no longer remain in their alternate family environment in reason of various problematics. At the hearing, the parties present a joint position as to the situation. More specifically, they agree that the children live with Ms D, with whom the mother also resides, with continued supervised contacts with their parents.

Other protective measures remain in force for the next six months. [ 4 ] Analysis and decision [ 5 ] Following the last judgment, the children remain with their paternal step-sister, Ms C. [ 6 ] The children are developing well, although they continue to present certain behavioural challenges. Although Y is more introverted, X acts out and can have tantrums. These have been increasing in intensity and X is presently awaiting an evaluation to verify the necessity for additional interventions, medical or otherwise.

In the meantime, the services of an educator are in place to accompany the children and their caregivers. [ 7 ] The father’s situation remains unchanged. He remains inconsistent as to contacts with his children and fails to implicate himself in the rehabilitation of the situation of endangerment, not recognizing the reasons justifying such.

During his supervised contacts with the children, he continues to speak ill of their mother and this, despite the interventions of the caseworker. [ 8 ] The mother remains incarcerated until November 17, 2017 in relation to an incident of domestic violence during which the father is stabbed. She is sentenced to weekends in jail and a myriad of conditions within her probation, including attendance in AA meetings twice a week. [ 9 ] Since her release, the children benefit from regular visits with their mother. The mother shows good parenting skills and the contacts are positive.

The children demonstrate limited understanding of the family situation and wish to return to their mother’s care. [ 10 ] Both parents recognize little responsibility as to the situation of endangerment, each blaming the other for the domestic

dynamic, alcohol consumption, etc. They mutually deny having alcohol dependency issues. As such, the process of rehabilitation has been limited as neither parent has shown investment in the resolution of the issues having justified the intervention. [ 11 ] In January 2018, Ms C expresses not being able to continue to take care of the children, citing her own increasing family obligations (5 th child) and discomfort with her role as pertains to the parent’s contacts. [ 12 ] As such, the Director seeks alternate resources in the family environment, finally targeting Ms.

D (maternal step-sister) as an adequate care giver for the children. Ms D maintains a significant role in the children’s lives. Both children declare being happy to integrate her home. [ 13 ] On January 25, 2018, the Court entrusts the children to Ms D on a provisional basis. [ 14 ] Recently, Ms D separates from her spouse and moves into the mother’s apartment in Town A, after the mother agrees to live elsewhere. The parties now submit that the mother can now share this environment and assume a more stable role with her children.

Ms D agrees to maintain supervision of the mother’s contacts in order to ensure that these remain healthy and moreover, exempt from conflict. [ 15 ] The mother declares her intention of not consuming any alcohol nor being under the influence of such in the presence of her children. The Court takes act of this engagement, which is an essential element permitting that she continue to share the children’s living environment. [ 16 ] After considering the evidence, the Court endorses the conclusions sought.

Not only are these an accurate reflection of the children’s needs, but offer the safety net still required until such time as the parents show real investment in the rehabilitation of the situation of endangerment, which can only be achieved once they are able to take responsibility for the elements having rendered necessary the application of measures. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the applications for revision of a Court decision; [ 19 ] DECLARES that the security and the development of the children are still in danger; [ 20 ] MAINTAINS the children with Ms.

D; [ 21 ] TAKES ACT that the mother resides also with Ms. D; [ 22 ] AUTHORIZES unauthorized visits by the Director of Youth Protection in the milieu of Ms. D; [ 23 ] ORDERS that the contacts between the children and their parents be following agreement between the parties and in the presence of a third party chosen by the Director of Youth Protection; [ 24 ] TAKES ACT that as to the mother’s contacts, Ms.

D can be the supervising third party; [ 25 ] PERMITS the partial or complete withdrawal of the supervision as to the mother’s contact following mutual agreement between the parties; [ 26 ] TAKES ACT that the mother agrees to not consume any alcoholic beverages or to be under the influence of such in the presence of the children; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children or their family; [ 28 ] ALL THESE MEASURES for 6 months; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Simon Laganière Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the children Date of hearing: March 19, 2018