2021 QCCQ 12566, 2021 QCCQ 12566

Protection de la jeunesse — 214053 2021 QCCQ 12566 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006428-208 760-41-006427-200 760-41-006426-202 DATE: May 5, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born […], 2014 Y , born […], 2009 Z , born […], 2008 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- 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 ] As of March 30, 2020, the children are the subject of agreements on voluntary measures in relation to their exposure to a separation conflict as well as educational neglect due to inappropriate parental reactions. [ 2 ] Alleging that these measures are no longer sufficient to respond to the children’s needs, the Director of Youth Protection seeks a 6 month protection order, including Z’s being entrusted to his maternal grandparents. [ 3 ] The parties agree to this orientation. [ 4 ] The following elements motivate this decision.

Analysis and decision [ 5 ] At the onset of the Director’s involvement with the family, the children reside with their parents. [ 6 ] Voluntary measures are put in place for 9 months, in which the parents recognize the following: • For many years, the children have been exposed to a conjugal violence dynamic; • They are aware of their parent’s struggles, which impact their functioning; • Z develops related behavioural difficulties; • In reason of differing parental responses, the children do not benefit from a consistent and stable environment; • The father can physically discipline the children in reaction to their behaviours; • There is a lack of organization in the family environment; [ 7 ] Various objectives are put in place, including that the children be no longer exposed to conflict, that the parents develop ways

to co-parent and to establish better means to respond to their children’s needs as regards structure and routine. [ 8 ] Although various services are put in place to shoulder the rehabilitation process, including an educator, the family situation deteriorates. [ 9 ] The parents fail to invest themselves in services and remain largely overwhelmed by their personal issues.

The children continue to be exposed to an unhealthy parental dynamic and an inconsistent response to their various needs. [ 10 ] Altercations, sometimes physical, occur between the siblings. [ 11 ] Z is particularly impacted by his family situation resulting in increasingly troubling behavioural issues at home and at school. As an example, on three occasions, he stabs a kitchen knife in his sister’s bedroom door, resulting in the knives being locked away. [ 12 ] Z harbours much resentment towards his father and their relationship is fraught with conflict.

The father continues to resort to physical discipline, being often times overwhelmed by his son’s behaviours. [ 13 ] The parent’s separation in November 2020 does little to alleviate the situation. Although they agree to share custody of their children, the modalities are confused and inconsistent. Tensions continue between the parents. [ 14 ] The mother recognizes having difficulties being a single parent as relates to maintaining structure and rules, such having been mostly the father’s responsibility.

Concurrently, she remains overwhelmed by her past personal experiences, which can keep her from focusing on her parental role. [ 15 ] In December, the Court intervenes and implements provisional measures to further structure the situation.

Although the Court orders the parents not to be together in their children’s presence, such is not respected. [ 16 ] The children continue to describe being witnesses to altercations between their parents. [ 17 ] Z’s situation continues to degenerate and it is finally decided that he go to live with his grandparents. [ 18 ] In this environment, Z responds well to the structure in place. He goes to school and no longer shows violent behaviours.

He visits his parents, but the situation with his father is still fragile. [ 19 ] In the last months, the parents offer improved cooperation and availability for the follow-up.

The Director and the parents establish a calendar as to the modalities of shared parental time up until September 2021 (D-6). [ 20 ] Both parents show devotion to their children, but continue to struggle with various issues which need to be addressed for them to be fully available for their children and the co-parenting which must be put in place. [ 21 ] As such, the recommended orientation reflects the children’s best interests as well as the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the applications; [ 23 ] 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 ); [ 24 ] ENTRUSTS Z to his maternal grandparents, Ms. C and Mr.

D; [ 25 ] ORDERS that the contacts between Z and his parents be determined following agreement between the parties; [ 26 ] AUTHORIZES Z’s partial or complete re-integration in his parental milieu within the last sixty (60) days of placement, upon agreement between the parties; [ 27 ] ENTRUSTS X and Y to their parental milieu, following an agreement between the parties as to the modalities.

In default of such an agreement, such will be in accordance with the calendar produced under D-6; [ 28 ] TAKES ACT that the parties agree to review the access periods as of summer 2021 in view of X’s request to spend more time with her mother; [ 29 ] FORBIDS the mother from putting the children in contact with Mr.

E; [ 30 ] FORBIDS the parents from being together in the presence of the children, unless authorized by the Director; [ 31 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end at the situation in which the security or development are in danger; [ 32 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family;

[ 34 ] ALL THESE MEASURES for 6 months; [ 35 ] ENTRUSTS the children’s situation to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Applicant Me Karine P. Poissant Attorney for the children Date of hearing: May 5, 2021 Date of signature: June 25, 2021