2021 QCCQ 15723, 2021 QCCQ 15723

Protection de la jeunesse — 219290 2021 QCCQ 15723 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006428-208 760-41-006427-200 DATE: September 22, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on […], 2014 Y , born on […], 2009 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 ] The Director of Youth Protection intervenes in the situation of the siblings since March 30, 2020 in relation to their exposure to a conflictual parental dynamic and educational neglect.

After an initial period of voluntary measures, the Court renders an order on May 5, 2021 maintaining the children in their family environment with various other measures for six months. [ 2 ] Concurrently, the Court entrusts their brother to his grandparents in order to ensure him a stable and serene environment while the rehabilitative process continues. [ 3 ] Since the last judgment, the family dynamic and issues as to structure and discipline continue to impact the children, even justifying a provisional placement with their maternal aunt. [ 4 ] In view of this mitigated progress as to the situation of endangerment, the Director seeks to renew the protective measures for another six months.

Although the parents question the pertinence of the Director’s involvement, they do not contest the application. [ 5 ] The children, through their attorney, consent to the conclusions. [ 6 ] The following justifies the Court’s decision.

Context [ 7 ] Despite the Director’s continued implication and the parent’s implication, the situation of endangerment remains active. [ 8 ] The family dynamic continues to be fraught with conflict on many levels. [ 9 ] The calendar put in place to clarify and stabilize the exchange of the children is not fully respected by the parents, which contributes to frustrations and unpredictability. [ 10 ] The children name still being exposed to conflicts between their parents and this, despite the order in place that they not be together in their presence. [ 11 ] Furthermore, the parents continue to have inadequate disciplinary responses to their children’s challenging behaviours. [ 12 ] On July 20, 2021, Y discloses that her father uses inappropriate methods of discipline towards both her and her sister (slapping, hitting spoon).

Although the father recognizes such methods, he justifies his actions.

[ 13 ] The children are then placed in the provisional care of their maternal aunt for approximately a month. [ 14 ] As of this placement, the parents are more invested in the follow-up and positive changes are observed. [ 15 ] During this time, the father seeks services in regards to his anger management. He recognizes that his actions were inappropriate and resolves to not have further recourse to physical correction. [ 16 ] As of their return in their family environment (August 2021), Y resides during the week with her father and X with her mother.

They are together during the weekends, which alternate between their parents. Analysis and decision [ 17 ] The situation of endangerment remains unresolved. Although the parents seem to ardently wish its resolution, their cooperation is limited by their inability to assume cooperative responsibility for their children. [ 18 ] As such, they continue to misunderstand and question the reasons justifying the continued intervention. [ 19 ] At the hearing, the parents underscore the importance of maintaining the stability of the exchanges and parental time, as this remains a contentious issue.

The Court concurs and adds that such is also the case in regards to the respect of the orders in place, including their active participation in the measures. [ 20 ] The children’s brother is residing with his grandparents in reason of a lack of adapted structure. [ 21 ] Increasingly, both Y and X are presenting challenging behaviours, reflecting their distress.

The short period of placement demonstrates the high degree of precariousness and this, despite more than 18 months of services. [ 22 ] The parents need to continue to develop their abilities to offer a stable and structured environment to their children. [ 23 ] It is necessary that durable changes occur in the family environment rapidly, which is dependent on nothing more than the parent’s willingness to invest themselves. The children clearly cannot wait much longer.

FOR ALL THESE REASONS, THE COURT: [ 24 ] GRANTS the applications; [ 25 ] DECLARES the security and the development of the children still in danger; [ 26 ] ENTRUSTS the children to their parents; [ 27 ] ORDERS that the parental time be shared according to the established calendar (produced as exhibit D-10) or following agreement between the parties; [ 28 ] FORBIDS the mother from putting the children in contact with Mr.

C; [ 29 ] FORBIDS the parents from being together in the presence of the children, unless authorized by the Director of Youth Protection; [ 30 ] 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 their security or development are in danger; [ 31 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 33 ] ALL THESE MEASURES for six months; [ 34 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Caterine Caron Attorney for the Applicant Me Stéphanie Castagnier Attorney for the children Date of hearing: September 22, 2021