2017 QCCQ 18668, 2017 QCCQ 18668

Protection de la jeunesse — 179010 2017 QCCQ 18668 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-028924-140 DATE : May 11, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X, born [...], 2009 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection is asking the Court to revise and extend the order rendered on January 19, 2015, thereby maintaining X in the care of his parents in accordance with a shared custody agreement, along with a social follow up and other corrective measures for a period of one year. [ 2 ] Essentially, the Director alleges that X is displaying both emotional and behavioural difficulties that are ineffectively managed by his parents mainly because of the father’s tendency to minimize their extent.

As a result of divergent perceptions, the parents apply incompatible parenting styles, thereby compounding the child’s difficulties. The mother tends to offer more structure and routine while the father is less inclined to impose limits. Moreover, the child is exposed to inappropriate video games and movies in the father’s home. [ 3 ] In addition, the persistent conflict between the parents shows little sign of abating and contributes to the child’s distress by perpetuating a conflict of loyalty. [ 4 ] A provisional order was rendered on March 16, 2017 entrusting the child to his mother.

Given his positive evolution in the maternal home, the Director proposes to maintain the child with his mother along with a social follow-up for a year. [ 5 ] Both parents admit the majority of the allegations and consent to the measures as proposed. However, the father expresses concern regarding the frequency of his contacts with the child. He hopes and expects that overnight visits will be authorized in the short term. [ 6 ] Through his lawyer, the child expresses his consent to remain entrusted to his mother but specifies that he would like more contact with his father and his brother Y.

The Situation [ 7 ] Essentially, the evidence establishes the following: [ 8 ] Throughout the majority of the past year, the social worker has observed little if any progress with respect to the child’s situation. It should be remembered that a main concern for X included the impact of his brother Y’s behaviour on his safety and well- being. The evidence demonstrates that the latter’s behaviour problems have intensified and the detrimental effect on the child is significant.

[ 9 ] Until recently, the father continued to minimize the difficulties faced by both his sons. Despite the concerns voiced by the mother and the social worker, the father did not impose appropriate limits both in terms of routine and structure. For example, X has been regularly exposed to violent video games in his father’s home that have had a disturbing effect on him. Also, his brother continues to behave in a sexually inappropriate manner, thereby contributing to the child’s discomfort. Furthermore, Y’s aggressive behaviour towards younger children remains an issue, exposing X to a risk of harm.

The child has revealed on at least two occasions being afraid of his brother. [ 10 ] Although an educator had been working with the family for some time, very little improvement has been noted. In fact, the social worker states that the father’s cooperation has been insufficient given his tendency to deny the difficulties identified by the professionals. On occasion, he has been blatantly uncooperative and hostile to the intervention.

The father generally expresses that the professionals involved with his children exaggerate their difficulties, focus only on the negative and overreact to perceived risks. [ 11 ] However, recent events have triggered a reflection on the father’s part who now acknowledges the magnitude of his son’s troubles. [ 12 ] In April 2017, the child expressed suicidal thoughts as a result of his belief that he has to keep “bad secrets”.

The evidence indicates that he believes he is forbidden from discussing what happens at the father’s house (exposure to violent video games, late bedtimes, swearing in the home etc). [ 13 ] According to a recent psychological assessment the child referred to self-harming behaviour as an outlet when feeling sad. According to the author: “X is a perceptive young boy who has been negatively affected by environmental influences such as his older brother’s behaviour and family conflict. He is sensitive and vulnerable to his behaviour easily entering a state of disequilibrium.

He has exhibited signs of worry and anxiety such as soiling himself and spoke of smacking his head on the wall when he felt sad. (…) X has had exposure to video games and movies, inappropriate for his age. More recently he has commented about having secrets, feeling bad and wanting to suffocate himself.

It appears that these secrets are related to being involved with inappropriate screen time activities. [1] ” [ 14 ] The psychologist explains that the child’s level of cognitive development and his chronological age do not allow him to process non age appropriate material and in fact, have a prejudicial impact on his ability to reflect and self-regulate [2] . [ 15 ] The report concludes that the child requires: - A conflict free home environment, devoid of the video games in question; - Consistency of routine and expectations; - Participation in organised sporting activities; - Participation in play therapy to encourage expression of feelings and concerns; - A psycho educational assessment with particular attention to a potential Attention Deficit Disorder or learning disabilities. [ 16 ] The contents of the psychological assessment appear to have caused the father to question his perception of the situation as well as his methods.

He recognises that he has to implement certain changes in order to provide the child with the stability and security that he requires. As a result, his cooperation with the social worker has improved. [ 17 ] It should be mentioned that the hearing also served to emphasize the degree of conflict that continues to exist between the parents. The Court invites them both to consider the fact that their inability to co parent is a contributing cause of X’s distress.

As parents, they have an obligation to prioritize their child’s well-being by finding solutions to their communication issues (workshops, individual therapy etc). [ 18 ] Nevertheless, since being entrusted to his mother, the child has shown signs of overall improvement. At school, he appears happier, and is adjusting better to behavioural and academic expectations. This progress confirms the importance of a structured and secure environment. [ 19 ] That being said, the Court was astonished to learn that despite the seriousness of the child’s situation, he currently has no access to play or art therapy.

The need for therapy is unquestionable and is in fact recommended by the very assessment that the Director sought to obtain for the purpose of this proceeding.

As such, the Director has the obligation to ensure that the child receives the health services that he requires within a reasonable delay. [ 20 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the child’s best interest. [ 21 ] FOR THESE REASONS, [ 22 ] THE COURT: [ 23 ] GRANTS the motion; [ 24 ] DECLARES that the security and development of the child continue to be endangered for the motives initially declared; [ 25 ] ENTRUSTS the child to the care of the mother; [ 26 ] ORDERS that the frequency and modality of contacts between X and his father be determined by all parties, failing which they

shall be determined by the DYP; [ 27 ] TAKES JUDICIAL NOTICE that currently, the father has access to the child twice a week; [ 28 ] ORDERS that the frequency and modality of contacts between X and his brother Y be supervised by a third party, other that the parents and approved by the DYP, failing which the DYP shall designate a third party; [ 29 ] ORDERS that the child receives the health services required namely art and/or play therapy, as well as an psycho-educational assessment both within a reasonable delay; [ 30 ] TAKES JUDICIAL NOTICE of the parents’ agreement to seek and participate in individual supportive services to address their parenting and personal issues and ORDERS the DYP to provide assistance to identify relevant services for that purpose; [ 31 ] ORDERS that both parents not expose the child to their conflicts; [ 32 ] ORDERS that the parents collaborate with the DYP with respect to mental health services to be put in place for the child; [ 33 ] TAKES JUDICIAL NOTICE that both parents agree not to discuss with the child the relevancy of their own therapy nor the content therein, nor any medication prescribed; [ 34 ] TAKES JUDICIAL NOTICE of the parents’ willingness to develop an effective way of communication while exchanging information regarding their child; [ 35 ] AUTHORIZES the DYP to obtain and share pertinent and necessary information with any treating professional or support services other than individual therapy with respect to the father, except for the purpose of ensuring his presence in such services; [ 36 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family, including the services of an educator; [ 37 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] THE WHOLE for a period of one year.

SIGNED IN CITY A On June 2, 2017 __________________________________ KAREN OHAYON, J.C.Q. Isabelle Loranger Attorney for the D.Y.P. Sonia Harvey Attorney for the child Dinah Oliel Attorney for the mother Date of hearing: May 11, 2017 KO/lf