2015 QCCQ 17401, 2015 QCCQ 17401

Protection de la jeunesse — 159600 2015 QCCQ 17401 JN 0300 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT [...] Nos: 525-41-029912-151 525-41-029911-153 DATE: September 17, 2015 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE JACQUES A.

NADEAU, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A YOUTH AND FAMILY CENTERS, Director and X (born on […], 2005) Y (born on […], 2009), Children and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ON MOTIONS FOR PROTECTION (Section 38 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or of his parents.

Any person who contravenes this provision commits an offence and is liable to a fine (Sections 11.2, 11.2.1 and 135 of the Y.P.A. ). [ 1 ] The Court intends, by this judgment, to confirm in writing its reasons for the decision rendered during the hearing held on September 17, 2015. [ 2 ] The Court is seized of two

(2) Motions for Protection filed on June 30, 2015 pursuant to

Section 38 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection of A Youth and Family Centers (hereafter, " the Director" ), to have the security and development of the children, X (born on […], 2005) and Y (born on […], 2009), declared to be in danger. [ 3 ] The parents have been living separately since 2010. At a certain point in time, the mother had taken legal procedures to obtain custody of the children but put an end to the legal process. [ 4 ] The father and the mother have a very conflictual relationship particularly in relation to the mother’s parenting ability as well as her adult son living in the family home.

[ 5 ] There have been multiple signalements regarding potential sexual abuse on the children but they could not be substantiated. [ 6 ] The children are repeatedly exposed to parental conflicts, appear to be caught in a loyalty conflict and are suffering emotionally as a result. [ 7 ] As a principal measure, the Director recommends that the children be entrusted to the care of their parents for a period of one (1) year.

The Director also recommends other measures which are sought to resolve the situation which has put the security and development of the children in danger, as appears from the Court Report filed as Exhibit D-2 in each file. [ 8 ] The mother is present at the hearing and despite being informed of her right to representation by an attorney, she elects to proceed without such assistance. She proceeds to make a number of admissions and states that she is in agreement with the measures sought by the Director. [ 9 ] The father is also present at the hearing.

His attorney proceeds to make a general admission on his behalf and declares that he consents to the Director’s recommendations. [ 10 ] As for the children, their attorney does not make any admissions, while informing the Court that she is in agreement with the measures proposes by the Director. [ 11 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 12 ] The mother and her twenty (20) year old son were born in Russia and came to Montreal in 2004 whereas the father was born in Trinidad and arrived here in 1985. [ 13 ] The father has been verbally abusing the mother’s son since their arrival from Russia.

This caused a lot of tension in the couple which ultimately led to the separation. [ 14 ] Y is reportedly very aggressive with his peers at school as well as with his sister X at home. It appears that there is an intense sibling rivalry between them. [ 15 ] A psychiatric evaluation conducted in January of 2015 reveals that X has difficulties in expressive and receptive language (see the Psychiatric Evaluation filed as Exhibit D-3). It is reported that she needs to improve her social skills. [ 16 ] The marital conflict between the parents is described as intense and present at home.

Indeed, it appears that the father speaks openly of the issues in front of the children which is having a psychological impact on them. [ 17 ] The time has come for the parents to focus on their children’s interest while keeping them out of their ongoing conflicts which are causing them significant harm. [ 18 ] After having received the admissions, taken into consideration the testimonies heard, as well as the various reports filed in the Court record, the Court concludes that the preponderance of the evidence establishes that the security and development of the children are in danger pursuant to the Youth Protection Act . [ 19 ] The Court is also of the opinion that the measures proposed by the Director are in the interest of the children. [ 20 ] AS A RESULT AND FOR THESE REASONS, THE COURT HEREBY: [ 21 ] GRANTS the Motions for Protection ; [ 22 ] DECLARES that the security and development of the children, X and Y, are in danger for the reason set out under Subsection 38

c) of the Youth Protection Act , namely psychological ill-treatment; [ 23 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 24 ] ORDERS that the children, X and Y, be entrusted to the care of their parents; [ 25 ] ORDERS that the family participate in and collaborate with the recommendations of the professionals of the Family Preservation Program and that they meet on a regular basis, when requested to do so; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all treating professionals working with the family regarding attendance and progress; [ 27 ] ORDERS that the children receive the health care and services required by their condition, including a Speech Language Assessment for X; [ 28 ] ORDERS the parents not to make any disparaging or denigrating comments concerning the other parent in the presence of the children; [ 29 ] ORDERS that the father refrain from using any type of controlling behaviour regarding the children and the mother; [ 30 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 31 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection of A Youth and Family Centres, for the

purposes of executing these measures; [ 32 ] ALL OF THESE MEASURES will be in force for a period of one (1) year. Signed and filed on December 1, 2015 _______________________________________ JACQUES A. NADEAU, J.C.Q. Mtre Myriam DeBlois AN4195 Attorney for the Director Mtre Karine Doherty AD4394 Attorney for the children Hearing date: September 17, 2015 JAN/mcl