2021 QCCQ 15731, 2021 QCCQ 15731

Protection de la jeunesse — 219292 2021 QCCQ 15731 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006508-215 760-41-006507-217 760-41-006506-219 760-41-006505-211 DATE: September 17, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2020 Y , born on [...], 2018 Z , born on [...], 2007 A , born on [...], 2004 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- B C (Y and

X) 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 seeks protection orders in relation to neglect and a dysfunctional family dynamic arising from the parent’s personal difficulties. [ 2 ] In order to respond to this alleged situation of endangerment, the Director recommends various measures for one year, including A’s foster placement until the end of the present school year. [ 3 ] Both A and Z consent to the orientation.

Such is also the case for Y and X’s attorney, acting under a legal mandate. [ 4 ] The parents do not contest the application, remitting themselves to the evidence. [ 5 ] After evaluating such, the Court endorses the conclusions. The elements justifying this decision are as follows. Analysis and decision [ 6 ] The children reside with their mother and Mr.

C, father to the youngest siblings Y and X. [ 7 ] For some time, the family dynamic is challenged by numerous issues which impact the children. [ 8 ] Until his placement in assisted living in May 2021, the father’s mental health steadily declines in reason of precocious dementia.

Over time, as his symptoms increase, the following is observed: • He is increasingly impulsive and aggressive; • He can’t remain alone; • He has memory issues; [ 9 ] Concurrently, the mother has alcohol dependency issues which impede her ability to assume her parental responsibilities as well as to deal with the difficult family dynamic. [ 10 ] Both parents can react and apply discipline to the children in inappropriate ways. They can threaten to punish the children by hitting them. The mother can be reactive by yelling or screaming at the children or adopting harsh language.

[ 11 ] Services are put in place through the CLSC, but such is insufficient to deal with the complex issues. The mother can be distrustful of outside support and fails to sometimes follow-through on recommendations. [ 12 ] The situation becomes steadily more volatile and unstable. Numerous police interventions occur. [ 13 ] This situation impacts the children in many ways. The older children take on adult responsibilities.

They display distress before the tensions within the family, including suicidal thoughts. [ 14 ] Y has developmental delays and requires stimulation in various areas. [ 15 ] In February 2021, Z and A call the police for support. Z presents suicidal thoughts. Her parents refuse to accompany her to the hospital. [ 16 ] Following this incident, both Z and A go reside with an older sister for a few days. [ 17 ] The parties agree to put provisional measures in place.

The mother minimizes the difficulties in place and resists the Director’s interventions. [ 18 ] On May 20, The Court entrusts A to her older sister while authorizing the Director to exchange information with the CLSC services. [ 19 ] In the spring 2021, the father is placed in a CHSLD.

The mother accepts that he visit home, but concerns continue as to the supervision in place being correspondent to his unpredictability. [ 20 ] The mother recognizes being torn between her wish to see her husband and the risks he poses to the children. [ 21 ] Since these changes, it is observed that the tension level decreases in the family unit, permitting a more coherent application of measures. [ 22 ] Numerous services are put in place: • The mother seeks alcohol addiction support through the Foster’s program; • The services of a childcare assistant for Y and X are put in place in order to give the mother respite; • A is doing better and stabilizing her functioning; • An educator works with A and her mother in order to better their communication; • The mother agrees to work on her parenting skills; • Y commences daycare; • X is awaiting a place in daycare; [ 23 ] The children have been subjected to a dysfunctional family dynamic for a number of years, which has had various consequences on them which must be dealt with in a coherent and constant manner. [ 24 ] Although the situation seems to be evolving positively in the last months, the mother requires support in regards to her parental responsibilities and availabilities. [ 25 ] The Court endorses the conclusions of the application, determining that the children are in need of protection in reason of the many factors of instability which remain ongoing and unresolved.

FOR ALL THESE REASONS, THE COURT: [ 26 ] GRANTS the applications; [ 27 ] DECLARES the security and the development of the children are in danger for the following reasons: • psychological ill-treatment (article 38c) Youth Protection Act ) • educational neglect (article 38b)1)iii) Youth Protection Act ); [ 28 ] ENTRUSTS Z, Y and X to their mother; [ 29 ] ENTRUSTS A to a foster family chosen by the Director of Youth Protection A until June 24, 2022; [ 30 ] ORDERS that the child A be entrusted to her mother as of June 24, 2022; [ 31 ] ORDERS that the contacts between the A and her parents be following agreement between the Director, the mother and the youth; [ 32 ] ORDERS that the children not to be left alone with Mr.

C while TAKING ACT that he will have some short stays at home upon agreement between the parties;

[ 33 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or her children’s regard to put an end to the situation in which their security or development are in danger; [ 34 ] ORDERS that the children A and Z as well as their mother take an active

part in the application of the measures ordered; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 36 ] ALL THESE MEASURES for a period of 1 year, save for the placement of A; [ 37 ] 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 Karianne Asselin Attorney for the Applicant Me Annie Girard Attorney for the mother Me Johanne Leduc Attorney for the father Me Stéphanie Castagnier Attorney for A Me Claudette Morin Attorney for Z Me Maryse Fournier Attorney for Y and X Date of hearing: September 17, 2021 Date of signature: November 2, 2021