2019 QCCQ 9942, 2019 QCCQ 9942

Protection de la jeunesse — 191028 2019 QCCQ 9942 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 450-41-006964-184 DATE : January 15, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2008 [INTERVENANT 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, [...]; Applicant -and- A , [...]; -and- B , [...]; Children’s 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.). introduction [ 1 ] The Director is requesting that the security and development of X be declared in danger for the motive of psychological ill- treatment. [ 2 ] Today, the Director is recommending that X be entrusted to a foster family, that contacts with his parents be authorized and in accordance with the agreement regarding their modalities with the Director, with a social follow up for a period of six months. [ 3 ] The mother is present and represented by her lawyer.

She agrees with the proposed measures. [ 4 ] The father is without representation. He also agrees with the recommendations. [ 5 ] The child’s lawyer, after hearing the evidence and reading the reports, is in agreement with the recommendations. Question in litigation [ 6 ] Are the security and development of the child in danger? In the affirmative, do the recommended measures answer the needs of the child and are they in his best interest?

Context and Analysis [ 7 ] The parents are separated and have a conflictual relationship. [ 8 ] Overtime, they have exchanged X custody. [ 9 ] The present situation was first the object of Voluntary Measures.

An agreement was signed in March 2018 for a period of one year. [ 10 ] At the time, X had been with his mother who struggled to control her son’s behavioural excess. [ 11 ] It came to a point where the child was no longer able to go to school due to his behavioural problems which necessitated at times police intervention and even hospitalization. [ 12 ] By the Agreement on Voluntary measures, X was entrusted to his father and authorized contacts with his mom, that he receives all health services required and a social follow up. [ 13 ] At school, X who had been suspended for committing assault on a professor, started to reintegrate classes.

Many measures were put in place to offer X a better structure. [ 14 ] At home, unfortunately, this change of custody did not have the effect that was hoped for. [ 15 ] At the paternal home, X does not respect the rules and shows important behavioural disturbances. [ 16 ] These are more important after contacts with his mother. [ 17 ] When she sees X, the mother has disparaging remarks about the father which perturbs the child. [ 18 ] The situation culminated during the weekend of December 8, 2018. [ 19 ] After a visit to his mother, X came back very opposing toward his father and he ran away. [ 20 ] It was not until December 11, 2018, that the police found X without any coat or shoes on. [ 21 ] The child was brought to [Resource A] and the Director applied an immediate protective measure. [ 22 ] When the Court was seized of the situation on provisional measure, both parents said they could not take care of X and deal with his behavioural disturbances. [ 23 ] So on December 12, 2018, it was ordered that X be entrusted to a foster home. [ 24 ] Since then, X has been doing generally well in his foster home setting. [ 25 ] After a few days of adaptation and upset as he ran away to another foster home, he conformed to the rules and mentions being happy there. [ 26 ] He also says that after his placement, he does not want to have to choose between his parents. [ 27 ] He has seen his mother in a supervised visit. [ 28 ] This allowed the delegate to redirect certain comments made by the mother who offered a good collaboration. [ 29 ] As for the father, he did not actualize his visit for lack of transport.

He has been sensitized to the fact that he will have to find ways in order to maintain regular contacts with his son. [ 30 ] Some steps will also have to be taken in order to ensure that X be transferred to the school closer his foster home. [ 31 ] The parents will have to continue to work in order for X not to be exposed to their quarrels. [ 32 ] The Director will have to figure out what will be the best plan for X after his placement. [ 33 ] Both parents think they will be able to care for their son and X should not be involved on that choice. [ 34 ] The present judgment completes and confirms each and every observations that were made on the bench in presence of the parties.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of child X are in danger as a result of psychological ill-treatment (section 38

c) of the Youth Protection Act); ORDERS that the child be entrusted to a foster family designated by the Director of Youth Protection; AUTHORIZES in the child’s best interest, contacts with his parents, subsequent to an agreement and according to the modalities

establishes with the Director of Youth Protection; TAKES JUDICIAL NOTICE of the Director’s intention to clarify a long-term life plan for the child during the following period of time; RECOMMENDS that the parents take the means necessary to maintain a respectful and functional communication; ORDERS that a person, working for CIUSS A of any other establishment or body, provide aid, counsel and assistance to the child for a period of six months; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Adèle-Anne Briand-Malenfant Counsel for the DYP M e Mélissa Robert Counsel for the children M e Gabrielle Ghibely Counsel for the mother Date of written judgment : Marsh 11, 2019 Exhibits deposited : D-1 to D-3