2016 QCCQ 17928, 2016 QCCQ 17928

Protection de la jeunesse — 168843 2016 QCCQ 17928 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030606-156 DATE : May 27, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2011 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on May 27 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging initially that her security and development are compromised due to psychological ill-treatment and risk of neglect. As we proceed to the inquiry, the risk of neglect is no longer alleged by the Director.

The recommendations are to the effect that the child be entrusted to the care of her mother, at the exclusion of the father, and that aid, counsel and assistance be provided for a period of six months. [ 3 ] The mother admits all the facts alleged in support of the motion. She is in agreement with the recommendations of the Director. [ 4 ] Although the father recognizes the conjugal violence history he has had with the mother and the fact that he is under probation currently, he ignores the rest of the facts alleged in support of the motion.

He informs the Court that the conditions imposed on him by the Criminal Court are likely to be changed soon to allow for his visits and contacts with the child. He agrees fully with the recommendations of the Director. [ 5 ] Counsel for the child also agrees with the recommendations of the Director.

CONTEXT [ 6 ] On July 30 th , 2015, the Director receives a signalement pertaining to the child being exposed to conjugal violence between her mother and her then companion, Mr. C. [ 7 ] At first, the mother is not forthcoming with the Director, trying to hide information and minimizing the impacts of the conflicts she has had with Mr. C. It appears that the mother is more concerned about what family members may think or say about her situation. She is preoccupied with the possibility that her extended family in [Country A] could find out about what happened between her and Mr.

C. [ 8 ] It appears that since the incident of July 2015, the mother has not been in contact with Mr. C. The mother now recognizes that the child has been exposed to conjugal violence due to the conflicts she has had with Mr. C. [ 9 ] The assessment of the signalement also reveals that the child had been previously exposed to conjugal violence between her parents. [ 10 ] Mother and father separated in May 2014.

The contacts between the child and her father have been limited as per the conditions imposed on him following his arrest for assault. [ 11 ] The mother had expressed certain reservations in regards to the contacts the child may have with her father. The Director is reassured, after meeting with the father, that contacts could take place under the general supervision of the Director. At first, contacts will be formally supervised and the supervision could be lifted as the situation evolves. [ 12 ] The Tribunal is reassured that the father meets with a psychotherapist on a regular basis since March 2016.

According to the therapist, the father does not currently have any anger issues. [ 13 ] Both parents have said to be confused regarding the role of the different courts and the decisions rendered in regards to the possibility of contacts between the child and her father.

To bring as much clarity as possible, contacts between the child and her father are deemed to be in the best interest of the child by the Director of Youth Protection, provided that the Director ensures formal supervision for as long as deemed necessary and that the modalities and duration of said contacts be determined by the Director. [ 14 ] The Director will be in a position to re-establish these contacts once the prohibition of contacts is formally lifted. [ 15 ] The Tribunal invites both parents to fully collaborate with the Director and reminds them of their obligation and duty to assume fully and jointly their responsibilities towards the child.

In order to do so, the parents need the help and support of the Director. It is reassuring that the parents agree with the recommendations of the Director and are committed to collaborate with the intervention. [ 16 ] The Director has established that the security and development of the child are compromised due to psychological ill-treatment as the child was exposed to the conflicts opposing the mother and her ex-partner as well as conflicts opposing her parents. [ 17 ] Under the circumstances, the recommendations made by the Director meet the needs of the child and are in her best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 18 ] DECLARES that the security and the development of the child are compromised due to psychological ill-treatment.

AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ENTRUSTS the child to the care of the mother, at the exclusion of the father; [ 20 ] ORDERS that the modalities and duration of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if necessary, and SETS the minimum frequency of contacts at once (1) per week; [ 21 ] The contacts will start if and when the conditions imposed on the father allow such contacts; [ 22 ] ORDERS the mother to ensure that the child is not in contact with Mr.

C; [ 23 ] RECOMMENDS to both parents to address their history of conjugal violence; [ 24 ] ORDERS the Director of Youth Protection to ensure that the child is duly registered for school; [ 25 ] ORDERS that aid, counsel and assistance be provided to the child and her parents for a period of six (6) months; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the child Me François De Vette Attorney for the mother Me Karine Dallaire Attorney for the father Date of hearing : May 27 th , 2016