r v. A, 2016 QCCQ 12706

Protection de la jeunesse — 165528 2016 QCCQ 12706 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005069-169 DATE: April 18, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2012 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

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 ] The Director of Youth Protection presents a motion for protection concerning X, born on [...], 2012, alleging that a serious risk of neglect endangers her security and development. The Director seeks a 9 month order with the application of various measures of aid and counsel, while maintaining the child in her family environment. [ 2 ] The parents consign their admissions and agree to the orientation sought by the Director. [ 3 ] The child’s attorney declares a legal mandate.

After evaluating the evidence, she declares that the conclusions of the motion correspond to her client’s best interests. [ 4 ] Analysis and decision [ 5 ] X resides with her parents. She is developing adequately, although she is presently awaiting services for a possible language delay, namely a referral in audiology and speech therapy. [ 6 ] Both parents deal with mental health issues. [ 7 ] The mother has a diagnosis of borderline personality disorder and ADHD and also suffers from anxiety. She takes medications to shoulder her functioning.

She also presents a history of depressive states, suicide attempts and alcohol abuse. The parents state that the mother’s consumption is no longer an issue. [ 8 ] In December 2015, the mother is briefly hospitalized in psychiatry. She states that this was in relation with her anxious state following the suicide of a friend. [ 9 ] The father has a preliminary diagnosis of borderline personality disorder, for which he is awaiting a complete evaluation and services with [center A] .

He recognizes suffering from social anxiety which leads to an isolated lifestyle. [ 10 ] An incident occurs in the family home in January 2016 following an argument between the parents. X is sleeping in her bedroom at the time of this event. In the early hours of the morning, the father calls an ambulance stating that the mother has thrown herself down the stairs to commit suicide. The police intervene and the parents offer divergent versions.

The mother states that the father pushed her down the stairs, which he denies. [ 11 ] Although the mother refuses to press charges, a prohibition of contacts is put in place for a short time. No charges are

subsequently laid. The parents recognize not respecting this condition. [ 12 ] The Director of Youth Protection evaluates the situation of the child following this incident. The parents are collaborative and agree to receiving support to help them address their difficulties. [ 13 ] The parents deny a conflictual relationship or the existence of conjugal violence, although they recognize verbal conflicts. [ 14 ] The mother states that at the time of the incident, there was an argument with her spouse and she was dealing with ongoing anxiety.

She fell down the stairs in an attempt to remove herself from the situation. She understands that the father would have believed she had thrown herself down the stairs considering her past and depressive state. [ 15 ] Both parents recognize struggling with personal issues in relation to their mental health. Furthermore, the evidence demonstrates that the mother can have extreme reactions during anxious situations, including conjugal conflicts which are recurrent.

The conjunction of these issues causes a serious risk of impacting their ability to exercise their responsibilities as to their child. [ 16 ] After considering the evidence, the Court concludes that the security and the development of the child are in danger in reason of a serious risk of neglect.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the child's best interest, while concurrently receiving the approval of the parties. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion for protection; [ 19 ] DECLARES that the security and the development of the child are in danger in reason of serious risk of neglect; [ 20 ] ORDERS that the child remain entrusted to her parents; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] RECOMMENDS that the father participate in a personal follow-up; [ 24 ] RECOMMENDS that the mother pursue her follow-up with [center A] ; [ 25 ] RECOMMENDS that the parents undergo couple counselling; [ 26 ] ALL THESE MEASURES for a period of 9 months; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Marie-Ève Garceau Attorney for the Petitioner Me Annie Girard Attorney for the parents Me Karine P. Poissant Attorney for the child Date of hearing: April 18, 2016