2016 QCCQ 18425, 2016 QCCQ 18425

Protection de la jeunesse — 169321 2016 QCCQ 18425 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000497-162 DATE: December 6, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Child and A and B Parents/Respondents ______________________________________________________________________ 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 ] Y and X are 10 and almost 12 years old respectively. Their parents separated several years ago, and the mother has legal custody. [ 2 ] The parents’ relationship remains conflictual. In the past, the director of youth protection (DYP) works with the family for that reason.

Moreover, the children’s situation was reported to the DYP on several occasions in the last few years. [ 3 ] The Court is now seized with an application for protection, concerning both children. [ 4 ] The evidence reveals the following situation. [ 5 ] The mother has to cope with serious personal problems. She is psychologically unstable. She is diagnosed as suffering from a borderline personality disorder. She also struggles with drug addiction.

However, at the hearing, her lawyer states the mother would not have taken speed since September 2016. [ 6 ] At home, the mother has difficulties enforcing structure and discipline. The children’s behaviour is challenging. The mother is not able to meet their needs on a daily basis. She is too fragile and overwhelmed to do so. [ 7 ] In September 2016, the mother was brought to the hospital after calling for help following an anxiety attack. She left the hospital on the same day. However, she was hospitalized again a few days later, for suicidal thoughts.

She then remained at the hospital about 10 days. [ 8 ] The children are aware of the mother’s difficulties and they worry about her. They are exposed to the mother’s disorganisation. [ 9 ] Both children also have issues to deal with in school. X presents major learning delays. Despite his age, he still struggles to read and write. Y has abilities to succeed in school but he shows behaviour problems. [ 10 ] Last September, as the mother’s situation was very fragile, she agreed that the children be entrusted to their father. They have been there ever since.

[ 11 ] Regularly, the mother shows up at school, unexpected, to see her children. While being there, she sometimes demonstrates inappropriate behaviour. [ 12 ] The children miss their mother, but they are well taken care of by the father. The latter also shares his life with his wife and their young son. The father is able to provide routine and structure to his children. [ 13 ] The evidence convinces the Court that the security or development of the children are in danger.

They suffer from neglect as well as a risk of neglect, because of their mother’s personal problems. [ 14 ] It is in the children’s best interest to entrust them to the father for a significant period of time. The Court hopes that the mother will be able to concentrate on her issues meanwhile. WHEREFORE, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ENTRUSTS the child to his father; [ 18 ] ORDERS that the contacts between the mother and the child be determined by an agreement between the parties, including their supervision as long as deemed necessary by the DYP; [ 19 ] ORDERS that the child receive all the services his situation requires, including taking medication if deemed necessary by his doctor; [ 20 ] RECOMMENDS that the mother involve herself in all the services her situation requires, including psychological, psychiatric and substance abuse services for as long as deemed necessary by the professionals involved; [ 21 ] FORBIDS the mother to be at the father’s residence; [ 22 ] FORBIDS the mother to call at the father’s residence; [ 23 ] FORBIDS the mother to be at school unless required by the school administration; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until August 30, 2017; [ 26 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre Jeunesse A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Richard Jeannotte

for the child Me Mylène Murray for the mother Mr. B the father Written judgment filed on December 14, 2016