2017 QCCQ 21166, 2017 QCCQ 21166

Protection de la jeunesse — 1711532 2017 QCCQ 21166 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41-033014-176; 525-41-033013-178 DATE : October 17, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...] 2002 Y , born on [...], 2004 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 October 17 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescents (now aged 15 and 13) alleging that their security and development are compromised due to psychological ill-treatment (adolescents exposed to the conflicts of their parents) and neglect (failing to provide them with the care required for their health).

In addition, the Director alleged that Y has been subjected to physical abuse while X is at risk of physical abuse. The Director is asking that the adolescents be entrusted to the care of their father for a period of three months and that aid, counsel and assistance be provided to the family for a period of one year. It is understood that after the initial period of three months, the adolescents will be entrusted to the care of both of their parents. [ 3 ] The father ignores essentially all the facts alleged that occurred following his absence, from August 26 th , 2017 on.

He admits essentially all the other facts pertaining to marital difficulties and the medical condition of his sons. The father agrees to participate in couple counselling, welcomes the services of the Centre de réadaptation en déficience intellectuelle et en troubles envahissants du développement (CRDITED). He is committed to work collaboratively with the Director. [ 4 ] The mother recognizes partly the facts alleged by the Director. She acknowledges the incidents that occurred on August 26 th , 2017 that led to the involvement of the Director.

She admits the causes for compromission, agrees with the recommendations of the Director. She is committed to offer her full collaboration to the intervention of the Director.

[ 5 ] Counsel for the adolescents makes no admission on their behalf. Agreeing with the recommendations of the Director, the attorney highlights the importance for all parties to work together to resolve the situation. CONTEXT [ 6 ] On August 26 th , 2017, the Director receives signalements. The assessment reveals that the mother and her sons were hospitalized following the incidents of August 26 th , 2017. Y was given multiple pills of Tylenol after the mother had herself ingested high dosage of Tylenol.

Overwhelmed by the responsibility of taking care of her two adolescents, diagnosed with autism, and with the unexplained absence of the father, the mother hoped to put an end to her misery. Test results conducted at the hospital revealed that Y was given high dosage of Tylenol while X’s results revealed only low dosage of Tylenol. [ 7 ] Immediate protective measures were invoked on August 28 th , 2017.

Two days later, the adolescents were discharged from hospital and placed in a group home setting with a specialized educator able to address their specific needs. [ 8 ] Both adolescents suffer from autism and are said to be “relatively low functioning”. They have special needs and extensive care has to be provided to them by the parents as well as school. Services such as the ones provided by the CRDITED and the CLSC are needed in order to appropriately meet their needs. [ 9 ] The evaluation of the signalement revealed clearly that the parents are experiencing marital difficulties.

The adolescents are regularly exposed to the conflict of their parents. [ 10 ] Prior to the incidents that occurred on August 26 th , the father had left the home, leaving his house keys in the mailbox. No explanation was given to the mother. He had not revealed where he was going and for how long. [ 11 ] The father had left the country to go to Australia for a week. Unaware of the situation, the mother had first reported the absence of the father to the police.

Later on that day, probably partly due to the absence of the father and the overwhelming responsibilities of caring for the adolescents alone, the mother bought Tylenol pills and had at least Y take some with her. [ 12 ] Both parents seem to recognize the seriousness of the situation. They are committed to work with the Director, address their marital conflicts and ensure that appropriate services are provided to their sons. [ 13 ] It is the duty of both parents to ensure, together, that the needs of their sons are met.

They share the responsibility of what happened on August 26 th , 2017. [ 14 ] Entrusting the care of the children to the father for the next three months is not a punishment for the mother. It is rather allowing time for her to receive the services and support that she needs in order to be able again to assume, jointly with the father, her responsibilities as a parent. That time is also needed to ensure that the adolescents are not exposed to their conflicts.

Couple counselling should be provided to them as long as it does not overwhelm either one of them taking into consideration other services that are currently (or will soon be) provided. [ 15 ] The Director has established that the security and development of the adolescents are compromised for the reasons alleged by the Director. The recommendations made meet the needs of the adolescents and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 16 ] DECLARES that the security and the development of the adolescents are compromised due to psychological ill-treatment and neglect; 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: [ 17 ] ENTRUSTS the adolescents to their father for a period of three (3) months and then, to the parents; [ 18 ] During the first period of three (3) months, ORDERS that the Director of Youth Protection determine the modalities and duration of contacts between the adolescents and their mother and SETS the minimum frequency of these contacts at two (2) per week; [ 19 ] ORDERS that the adolescents receive the services from the CRDITED network; [ 20 ] RECOMMENDS that the adolescents and their parents receive the support services from community ressources such as the CLSC; [ 21 ] TAKES ACT of the commitment and willingness of the mother to continue to participate in counselling; [ 22 ] RECOMMENDS to the mother to continue her individual counselling; [ 23 ] TAKES ACT of the commitment and willingness of the parents to participate in couple counselling; [ 24 ] RECOMMENDS the parents to participate in couple counselling as soon as possible, taking into consideration the other services that are provided; [ 25 ] RECOMMENDS to the parents to explore the possibilities to have respite services provided to them; [ 26 ] ORDERS that aid, counsel and assistance be provided to the adolescents and their parents for a period of one (1) year;

[ 27 ] ENTRUSTS the situation of the adolescents to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out. Signed in Montreal on November 24th, 2017 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Heidi Lechter Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the adolescents Me Jean-Hervé Thomas Attorney for the mother Me Judith Shapiro-Knight Attorney for the father Date of hearing : October 17 th , 2017