2021 QCCQ 12953, 2021 QCCQ 12953

Protection de la jeunesse — 217149 2021 QCCQ 12953 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 505-41-010574-210 DATE : October 13, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE FRANCINE GENDRON ___________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -et- X , born on [...], 2005 Adolescent -et- A , Mother -et- B , Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .) [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of the adolescent X are in danger for the reason of psychological ill-treatment. [ 2 ] The Director essentially recommends that the adolescent be entrusted to his mother and that the contacts between him and his father be following agreement between the parties concerning the terms, frequency and the degree of supervision required.

A series of other protective measures are proposed for six months. [ 3 ] The parents and the adolescent are in agreement with the Director’s conclusions. ANALYSIS AND DECISION [ 4 ] The parents have been married for twenty years and separated for the last ten years. [ 5 ] The adolescent is diagnosed with Autism spectrum disorder. He is an intellectual and extremely intelligent.

Despite the separation, the father insists on staying close to with him until he is eighteen years of age and has since been living in a fully furnished and functional shed in the mother’s backyard with access to the house to use the basement bathroom. [ 6 ] X says that he has a very close relationship with his father and that he is his only friend. [ 7 ] In fact, the adolescent is quite isolated. The father does not want him to attend school and would make him read books, do research and learn history.

The adolescent would like to go to school and make friends. [ 8 ] During the summer, the adolescent is working with his mother at Hospital A, by doing manual tasks. [ 9 ] The mother reports to be in an abusive situation (physically, emotionally, economically and sexually) with the father, mostly when he drinks In that case, the father could become violent, angry, unpredictable and dangerous.

[ 10 ] The father denies being abusive toward the mother, but admits to be “old school” and that he has a difficult character. He also admits his drinking behaviors. [ 11 ] On July 8 2021, the mother received a call from her son while she was at work. The adolescent was upset and crying, stating that his father was in rage, that he was scared and wanted his mother to kick his father out of the home. The Peacekeepers and a [Organization A] case worker where called for help. [ 12 ] The father agreed with an Immediate Protective Measures and to leave the house.

The father went directly across the street to stay with a friend that he often drinks alcohol with. [ 13 ] The next day, the father broke this agreement and entered the home to shower and change. [ 14 ] Despite provisional measures rendered on July 12, 2021 stating that the contacts between the adolescent and his father be following agreement between the parties concerning the terms, frequency, modalities and degree of supervision required, the father defies Court orders. [ 15 ] Since then, he still attempts to see his son at the house or in front of the house. He also continuously try to speak to him.

This put the adolescent in an uncomfortable and stressful situation where he would tell his father that he needs to contact [Organization A] to

schedule visits. [ 16 ] The Peacekeepers were asked to intervene on two occasions; however, the father continues with his behavior. [ 17 ] The father agrees to work with a support worker regarding anger issue and alcohol consumption but puts an end to the addiction service after one meeting, stating that he is not ready to give up drinking. [ 18 ] X has had scheduled visits with his father that went well. For the future, he should see him once a week at 4h15. Father and son are having regular communications. [ 19 ] The adolescent is attending school since last September.

He is doing well academically and is learning new social skills. Most important, he is extremely happy to finally be allowed to go to school as he missed attending school all of his life. [ 20 ] The mother is motivated to change her situation for the sake and betterment of his son. [ 21 ] The father has demonstrated little motivation to change.

He refuses to really address his addictions and continues to break Court orders. [ 22 ] At the hearing, the Court warns the father that he is at risk of being declare guilty of contempt of Court order, which means being condemned to pay an important amount of money or even to prison if he continues to defy Court orders. [ 23 ] The father has to understand that his behaviors are also stressful for his son and put him in an uncomfortable position. [ 24 ] Considering the above, the Court concludes that the security and the development of X are in danger for the reason of psychological ill-treatment and agrees with the parties that the measures proposed by the Director, including their duration, are in the best interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the present application; [ 26 ] DECLARES that the security and the development of the adolescent X are in danger for the following reason: -38c) psychological ill-treatment; [ 27 ] ORDERS that the adolescent be entrusted to his mother; [ 28 ] ORDERS that the contacts between the adolescent and his father be following an agreement between the parties concerning the terms, frequency and the degree of supervision required; [ 29 ] ORDERS that the father remain sober during the contacts and abstain from alcohol consumption and any mind altering substances; [ 30 ] TAKES JUDICIAL NOTICE the parents’ intention to receive support services; [ 31 ] TAKES JUDICIAL NOTICE the father’s engagement to refrain from harassing Ms.

A, this includes visits to the home and the workplace; [ 32 ] RECOMMENDS that the father undergo an addictions assessment with Mr. C and follow recommendations; [ 33 ] RECOMMENDS that both parents abstain from denigrating each other in the presence of the adolescent; [ 34 ] RECOMMENDS that the father abstain from alcohol consumption and mind altering substances; [ 35 ] ORDERS the execution of the present order be any peace officer; [ 36 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment;

[ 37 ] THE WHOLE for a period of six months. Signed on November 22, 2021 __________________________________ Francine Gendron, J.C.Q. M e Frédérique Earls-Bélanger Attorney for the D.Y.P. M e Marie-Josée Gingras Attorney for the adolescent M e Gisèle Tremblay Attorney for the mother M e Kathleen O’meara Attorney for the father Date of Hearing : October 13, 2021