2020 QCCQ 9599, 2020 QCCQ 9599

Protection de la jeunesse — 207445 2020 QCCQ 9599 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003683-198 DATE: September 24, 2020 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 ] Alleging that the security or development of X, aged 10, is endangered as a result of a situation of serious risk of neglect and psychological ill-treatment, the Director of Youth Protection is asking the Court to maintain the child in his family environment with services to be provided over the course of the next six months. [ 2 ] Parents and child recognize the facts alleged in support of the motion and they all agree with the protection measures recommended by the Director.

The alleged serious risk of neglect is supported by the evidence. The mother has several diagnosis, including bipolar disorder, attention deficit disorder with hyperactivity, anxiety disorder and borderline personality traits; she also consumes cannabis on a regular basis, which impacts her overall functioning. As to the father, he is diagnosed with depression, attention deficit disorder with hyperactivity and anxiety disorder.

The evidence is also conclusive regarding a situation of psychological mistreatment; the child being regularly exposed to conflicts between the parents. [ 3 ] The parents have a hard time managing their emotions, particularly the father. The mother is dealing with serious health issues and her energy level is low, making it difficult for her to implement a stable routine.

The father lacks the parental skills needed to assert his parental role and authority, including as it relates to the implementation of an adequate routine and discipline. [ 4 ] The overall family situation has an impact on the child’s well-being, as evidenced by the child’s suicidal and homicidal thoughts, anxiety and tendency to isolate himself. He has several diagnosis including dysphasia, attention deficit disorder with hyperactivity, nocturnal enuresis, adjustment disorder, and family situational disorder.

He is now taking antidepressant medication and his situation is said to be improving. [ 5 ] While the Director initially recommended that protection measures be implemented for a longer period, it has now been reduced to six months, taking into account both the passage of time since the motion was introduced and the improvement observed in the family setting over the last few months. Indeed, the parents recognize their difficulties and are working hard to improve the situation. The father has already begun receiving services to the manager his emotions and the positive impact is evident.

[ 6 ] THEREFORE THE COURT : [ 7 ] GRANTS the petition; [ 8 ] DECLARES that the security and the development of the child are endangered as a result of a situation of serious risk of neglect and psychological ill-treatment; [ 9 ] ORDERS the implementation of the following protection measures for a period of six months:

a) That the child remain with his parents;

b) That the child receive health care services required by his condition (medical follow-up) and that the parents follow the recommendations of the professionals;

c) That the parents participate in a follow-up in order to improve their parental abilities and that they follow the recommendations;

d) That the parents actively participate to the elaboration and application of the intervention plan;

e) That the parents report every two weeks to the Director of Youth protection on the means they are using to put an end to the situation that endangers the security and development of the child;

f) That a person authorised by the Director of Youth Protection A Integrated Health and Social Services Center provide aid, counsel and assistance to the child and the family; [ 10 ] RECOMMENDS :

a) That the mother receive the health care and services required by her condition (medical and mental health follow-ups) and that she follow the recommendations of the professionals;

b) That the father receive the health care and services required by his condition (medical follow-up and anger management) and that he follow the recommendations of the professionals; [ 11 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. Signed on November 4 th , 2020. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Vanessa Chasle Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the child A Mother - Representing herself B Father - Representing himself Date of hearing: September 24, 2020.