2022 QCCQ 8846, 2022 QCCQ 8846

Protection de la jeunesse — 225903 2022 QCCQ 8846 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-038499-216 Date: October 3, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2014 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 3, 2022, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned on December 10, 2021, whereby the now eight year-old child, X , was entrusted to the care of her mother with aid, counsel and assistance, until June 23, 2022. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for extension dated June 15, 2022, are as follows: 3.1. the child has remained in the care of the mother; 3.2.

X has week-end visits her father; 3.3. prior to April 2022, Y was visiting his father sporadically; 3.4. in April 2022, Y had expressed resentment towards his father and chose not to have visits with him; 3.5. in May 2022, Dr.

Stella Benarroch completed Y’s psychological assessment which concluded that he has Attention-Deficit Hyperactivity Disorder (ADHD); 3.6. the parents and Y have demonstrated openness in following the recommendations of said assessment; 3.7. the father has been participating in a program at the CLSC geared to support him with his emotional dysregulation difficulties; 3.8. the father has criminal conditions concerning Ms.

C, such as not to communicate in any way either directly or indirectly relating to an incident that would have occurred in January 2022; 3.9. ongoing support and monitoring are required (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year.

[ 6 ] The mother, assisted by Me Dubé-Laberge, made a general admission regarding the facts alleged in support of the application and consented to the proposed measures. [ 7 ] The father, assisted by Me Boucher, also admitted most of the alleged facts and consented to the proposed measures. [ 8 ] Me Proulx, on behalf of the child, also approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-7 to D-9 as evidence: D-7: Court Report, prepared by [Social worker 1], dated May 30, 2022; D-8: Addendum, prepared by [Social worker 1], dated September 20, 2022; D-9: Child’s detailed school absences report dated April 25, 2022 (filed under

section 292 C.C.P.). [ 10 ] In

summary, the parents have made progress co-parenting their children and remain open to ongoing support services to redress the situation. [ 11 ] An educator has been working with the family since March 2022 and focusing on improving communication between the parents and "ensuring quality contact between the father and his children" [2] as well as supporting the mother in addressing the children's needs. [ 12 ] However, continued support remains necessary: While the parents are commended for increasing co-parenting effort, it is evident that the family's situation remains unstable. Mr.

B ability to be a strong and predictable father figure for to the children has yet to be proven and Ms. A continues to necessitate ongoing empowerment to meet her children's emotional, medical, educational and basic needs. It also remains a major concern that Mr. B and his girlfriend, Ms.

C, have not had services to address inappropriate discipline and psychological ill-treatment that were the initial risk factors that brought on the current DYP involvement and the collaboration from CJ-B has yet to be confirmed [3] (reproduced with errors and/or omissions). [ 13 ] The father still needs to gain greater insight regarding his role in the situation of endangerment: Although Mr. B should be commended for fully engaging in therapeutic services and appearing passionate about the well-being of his children, it is important to underline that Mr.

B continues to lack recognition of initial risk factors (physical and psychological abuses) that occurred in his living milieu toward Y and X. Mr. B's lack of recognition of his and his partner's role in the children's difficulties remains an important obstacle in his desire for shared custody of the children. It will be strongly recommended that Mr. B and his partner, Ms.

C engage with Centre Jeunesse B and demonstrate a good understanding of the risk factors and implement better corrective techniques, improve their communication with Y and X, refrain from any form of denigration and refrain from exposing the children to parental conflicts.

At the time of this report, Centre Jeunesse B confirmed that the family has been put on the waitlist for services [4] (reproduced with errors and/or omissions). [ 14 ] Despite the challenges in the family dynamic X appears to be very resilient and continues to excel at school. [ 15 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the child remain entrusted to the care of her mother; [ 19 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if deemed necessary, taking into consideration the child’s best interest and wishes; [ 20 ] ORDERS that both parents ensure that the child receive all the health and social services required by her situation, TAKING JUDICIAL NOTICE that the mother will be responsible for booking medical and therapeutic appointments for the child, after consulting with the father, and will inform him as soon as an appointment is scheduled; [ 21 ] ORDERS that both parents ensure the child is not exposed to any violence, conflict, denigration, or unreasonable methods of discipline; [ 22 ] ORDERS that the father fully collaborate with the Centre jeunesse B; [ 23 ] STRONGLY RECOMMENDS that the father engage in support services to address his personal needs, including anger

management and relational difficulties; [ 24 ] ORDERS that both parents report periodically to the Director of Youth Protection on the measures they apply to themselves or their child to put an end to the situation that compromises the security or development of the child; [ 25 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family, including the services of an educator for as long as deemed necessary; [ 26 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

Signed on November 10, 2022 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Ysabelle Proulx Attorney for the child Me Léandre Dubé-Laberge Attorney for the mother Me Valérie Boucher Attorney for the father TD/vl