2020 QCCQ 14926, 2020 QCCQ 14926

Protection de la jeunesse — 20831 2020 QCCQ 14926 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »

N° : 455-41-001041-169; 455-41-001042-167; 455-41-001043-165; DATE : January 9, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on […], 2014 Y Born on […], 2012 Z Born on […], 2011 [SOCIAL WORKER 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 the children X, Y and Z be declared still in danger. [ 2 ] Today the Director is recommending that the children be entrusted to their mother, to authorize contact with their father upon agreement between the parties, to order that the children receive all the health care and services they require, to take judicial notice of the parents’ intention to maintain a respectful and functional communication and proposes some other measures, including a social follow-up for a period of one year. [ 3 ] The Tribunal proceeds to the hearing by fast track procedure, under a non-attendance agreement signed by both parents on October 30, 2019, for the mother and on November 6, 2019, for the father. [ 4 ] Since the last Court order, the situation is as described in the Director’s Motion for Revision: « 4. (…)

a) The children remained entrusted to their mother in conformity with the last Court order;

b) X is now five years old. She attends school in kindergarten and she adapts positively despite observations related to cognitive and language delays as well as concentration issues;

c) At home, X displays some aggressive behaviours towards her siblings;

d) Y is now seven years old. She attends school in grade 2. Her grades have improved since she has received speech therapy;

e) Z is now eight years old. He attends school in grade 3. Apart from some occasional violent behaviours, he functions generally well;

f) At home, Z’s behaviours have improved with the support of the home educator;

g) The mother gave birth to a new baby boy in […]. She remains in a stable relationship with Mr. C. The children seem to have a good bond with him;

h) However, the spouse continues to show some fragilities in regards with alcohol abuse. When under the influence, he tends to be possessive and jealous;

i) A recent family quarrel leads to the arrest and detention of Mr. C and the children witnessed the incident;

j) The family moved in a new house and was able to maintain a cleaner environment;

k) The parents were able to improve their communication;

l) The children have visited their father three weekends per month until the month of July, when the father moved to Town A with his spouse and their new born. Since then, the children have not seen their father;

m) The father’s moving was unannounced and unexplained, but the father explains he has a better job and that his financial situation has improved;

n) The father showed disinterest in the children following his moving.

However, he now wishes to have the children visit him on holidays and school breaks; » [ 5 ] The Director former informs the court that the father has exercised some access rights during the Christmas holydays and maintains regular contacts by phone. [ 6 ] The mother’s lawyer also mentions that her client is satisfied with the father-children contacts. [ 7 ] By their agreement, the parties recognize that the proposed measures meet the needs of the children X, Y and Z. [ 8 ] The Court also considers that the situation put forward in the report produced in this case, gives rise to the measures sought.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development the children X, Y and Z are still in danger; REVISES the Court order rendered on February 21, 2019, in the present file; ENTRUSTS the children to their mother; AUTHORIZES in the children's favour, contacts with their father upon agreement between the parties; ORDERS that the parents report periodically to the Director of Youth Protection regarding the measures they apply to themselves or their children to end the situation of endangerment; ORDERS that the children receive all the health care and services they require; TAKES JUDICIAL NOTICE of the parents’ intention to maintain a respectful and functional communication; ORDERS that the parents take an active

part in the application of the measures ordered to put an end to the situation of endangerment; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children and their family for a period of one year; ENTRUSTS the situation of the children X, Y and Z to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. Me Andréanne Lacasse Counsel for the Director of Youth Protection

Me René Sévigny Counsel for the children Me Érica Gosselin Counsel for the mother Date of hearing : January 9, 2020