2017 QCCQ 20820, 2017 QCCQ 20820

Protection de la jeunesse — 1711181 2017 QCCQ 20820 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005491-173 760-41-005489-177 DATE: November 29, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2013 Y, born [...], 2012 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

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 ] Alleging a situation of educational neglect, the Director of Youth Protection seeks the application of protective measures for 9 months as to the siblings X and Y.

Amid various measures of aid and counsel for 9 months, the Director asks that the children remain with their mother and benefit from access with their father following mutual agreement between the parties. [ 2 ] The parents consign their admissions and subscribe to the Director’s orientation, as does the attorney for the children, acting under a legal mandate. [ 3 ] Analysis and decision [ 4 ] In May 2017, the Director retains a situation of educational neglect in the family environment. [ 5 ] At that time, the children reside with their parents as well as their older siblings from their mother’s previous union. [ 6 ] The Director already follows the mother in regards to her difficulties on an educational plan as pertains to her two older children.

Despite the services in place, the mother continues to struggle with her parental obligations as well as ongoing issues of depression and anxiety. [ 7 ] Although they live together, the parents declare no longer forming a couple for the last year. [ 8 ] The parental relationship is strained and conflicts are recurrent. The parents admit that their children have been exposed to their conflicts over the years.

They acknowledge needing help concerning their co-parenting. [ 9 ] Both children present behavioral difficulties which challenge their environments, more notably opposition and tantrums. [ 10 ] Y also has a significant speech delay. He benefits from a follow-up with a speech language therapist. [ 11 ] In view of concerns as to her development, X is on a waiting list for an evaluation in speech language therapy. [ 12 ] The children suffer from a discordance of routine and structure. The parents disagree on the application of educational methods, which reflects in their interventions towards the children.

[ 13 ] Organization is also problematic, resulting in the parents missing appointments with professionals. [ 14 ] In the fall 2017, the father moves to an apartment in the same building as the mother and his children. Although their relationship remains tense, both parents declare an overall improvement. They’re able to agree to a fluid access

schedule following a calendar in place. [ 15 ] The Director doesn’t intervene in the establishment of modalities, but will verify that the children continue to progress within this structure. Should the father move, the Director also anticipates intervening to ensure that access continue in a serene manner. [ 16 ] The children require environments which are predictable in terms of boundaries and routine, while receiving the appropriate services to respond to their various developmental difficulties. The parent’s recent separation adds to the challenges in place.

As such, both parents need to learn co-parent in a coherent and structured manner in order to ensure that their children evolve positively. [ 17 ] After considering the evidence, the Court concludes that the security and the development of the children are in danger in reason of neglect on an educational level.

The Court endorses the measures suggested by the Director of Youth Protection, which are not only the reflection of the children's best interest, but concurrently receive the approval of the parties. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the applications for protection; [ 20 ] DECLARES that the security and development of the children are in danger in reason of neglect on educational level; [ 21 ] ORDERS that the children be entrusted to their mother; [ 22 ] ORDERS that the contacts between the children and their father be following agreement between the parties; [ 23 ] 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 the security or development of the children are in danger; [ 24 ] ORDERS that the parent take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their parents; [ 26 ] ALL THESE MEASURES for 9 months; [ 27 ] 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 Isabelle Lyonnais Attorney for the Applicant Me Annie Girard Attorney for the mother Me Johanne Leduc Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: November 29, 2017