2019 QCCQ 15928, 2019 QCCQ 15928

Protection de la jeunesse — 195999 2019 QCCQ 15928 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000608-197 DATE: July 3, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2008 Child -and- A -and- 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 (DYP) asks the Court to declare that the security and development of the child are in danger because of unreasonable educational methods. His brothers are aimed by the same application. The parties agree to proceed by common evidence. [ 2 ] The DYP amends her proceeding to modify the motive of endangerment to

section 38e)2 o of the Youth Protection Act , to which all parties agreed. [ 3 ] At the hearing, the parents are present, but only the mother is represented. Even if the mother denies or, denies as written some facts, she, nonetheless, agrees with the recommendations of the DYP. The father mostly has the same position than the mother, except he admits generally all the facts. The child is absent, but duly represented and his counsel expresses his consent with the measures proposed by the DYP.

All parties consent to the filing of the reports to value the testimony of their authors. [ 4 ] The DYP got involved in the child’s life regarding the family situation and because some behavioral issues were demonstrated. [ 5 ] The parents separated in 2010, they had two sons together X and Y. The mother has another child, named Z with another man with whom she had a brief relationship. This child was subsequently adopted by her partner M. C, who is now deceased. [ 6 ] Since 2017, the mother is in a relationship with M. D and they are married.

They have an on-off relationship and a lot arguments go on between the couple. The latter does not have any children and he is overwhelmed with all the parental obligations required while living with the children. [ 7 ] From Mister D’s point of view, when he was living with the mother, she was neglectful with the children. She shared with him things she did to the children, but he never witnessed anything except hearing sounds of whacking. At the beginning of 2019, their relationship ended for good. [ 8 ] The mother has to work on her personal problems and requires professional support services.

In fact, she denies every allegations of physical abuse, but the evidence shows that at least some disciplinary measures taken by her are inappropriate and out of proportion. However, she also admits that her methods can be unreasonable. She does collaborate with the services and intends on continuing. [ 9 ] Since the children have been entrusted to a foster family, the mother has been in conflict with the foster mother. She has some concerns regarding this family. Her worries were addressed to them. The mother relates certain things happening in the foster family, but

both children have different versions of those events. However, their version does not support the mother’s allegations. [ 10 ] Nevertheless, the mother is aware that work has to be done concerning her own issues. She collaborates and she implicates herself with the professionals involved with the family. [ 11 ] The father is transparent with the DYP and admits having addictions, mainly alcohol. He has already witnessed the inappropriate educational methods of the mother towards the children and he even interfered to put an end to it. This situation initiated arguments between them.

When their relationship ended, the mother cut all the contacts with his sons. However, he was able to see them when visiting the paternal grandmother. [ 12 ] X is 10 years old and his developing well, according to his age. Strangely, he has no behavioral problems at school and functions well but the situation is quite different in the foster family and during his visitation at home where he does have some. [ 13 ] He is rough with his younger brothers and has anger outbursts towards the mother on several occasions. Some actions which are preoccupying such as: stabbing a chair and choking his brother.

He mentions that is mother spanks them and yells a lot. [ 14 ] We can observe changes in his behavior, before and after his visitations with his mother. When the visits were suspended, this bad behavior disappeared. Basically, the child has anger issues and has a difficult time with boundaries and structure. In fact, it was to a point that between May 2, 2019, and June 7, 2019, X was entrusted to a rehabilitation center because of behavioral problems.

During this period, the child tried to flee twice. [ 15 ] Since the children were entrusted to a foster family, significant progress has been noticed concerning their behaviour. At the end of June 2019, the parents had visitation with them without supervision because of the positive progress observed. It is important to maintain the contact with the father because the children miss him. [ 16 ] During the current measure, the mother should prioritize the needs of her children and have a healthy relationship with them. She must change her ways of intervening with them with the help of the specialized educator.

All family members should be involved with services to the extent of their abilities. The children need a structured environment without violence, fear, yelling or inadequate methods of disciplinary measures in order to develop properly. [ 17 ] The evidence demonstrates that the security and development of the child are in danger. Under the circumstances, considering the admissions and the consents of the parties, the application is well founded. The recommended measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 18 ] GRANTS the amended application for protection; [ 19 ] DECLARES that the security and development of X are considered to be in danger according to

section 38e)2 o of the Youth Protection Act ; [ 20 ] ORDERS that the child be entrusted to a foster family designated by the DYP; [ 21 ] ORDERS that contacts between the child and his parents be determined following agreement between the parties, including their supervision, as long as deemed necessary; [ 22 ] ORDERS the parents to actively participate in the measures orders to put an end to the situation of endangerment. [ 23 ] ORDERS the parents to report whenever required by the DYP on the measures they apply to themselves or to their child to put an end to the situation that compromises his security or development; [ 24 ] RECOMMENDS that the child receive a psychological counselling, as long as deemed necessary; [ 25 ] RECOMMENDS to the mother to submit herself to an assessment of her parental capacities and to a psychological assessment; [ 26 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until December 31, 2019; [ 27 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes

for the child Me Ariane Cayer for the mother Mr. B the father Written judgment filed on July 17, 2019