2021 QCCQ 10050, 2021 QCCQ 10050

Protection de la jeunesse — 214745 2021 QCCQ 10050 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 455-41-001364-215, 455-41-001365-212, 455-41-001366-210 DATE: May 13, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on [...], 2012 Y Born on [...], 2009 Z Born on [...], 2005 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A -and- B Children’s parents ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting that Court declares the security and development of the children X, Y and Z in danger for the motive of physical abuse in the case of Y and Z, and for the motive of educational neglect and psychological ill-treatment for the three children. [ 2 ] As protective measures, the Director recommends that the Tribunal entrust the children to their parents according to the modalities established by the Superior Court judgment and to the parents’ shared custody agreement, proposes other measures and a social follow-up for a period of nine months. [ 3 ] At the hearing on May 13, 2021, the mother is present and represented by a lawyer.

She agrees with the Director’s recommendations. [ 4 ] The father is absent and not represented. Having been duly served, the Court proceeds in his absence. [ 5 ] The children’s lawyer, after hearing the evidence, agrees with the application. Situation of compromission [ 6 ] Z (15 years old), Y (11 years old), and X (8 years old), live with their mother who has their full custody. The children have contacts with their father every three weekends out of four, the whole according to the Superior Court judgment.

[ 7 ] In reality, the children see their father upon agreement. [ 8 ] The situation of the children is retained by the Director of Youth Protection in regards to educational neglect, psychological ill- treatment and physical abuse. [ 9 ] Last summer, a fight occurred between Z and his father. The father threw a glass of milk in the child’s face and pushed him.

Y and X witnessed the event. [ 10 ] Also, the children report that the father often yells at them and that he can be angry for minor reasons. [ 11 ] Y said that his father slapped him within the past year because he refused to do some chores. [ 12 ] The parents are stuck in an important separation conflict and the children have witnessed it. [ 13 ] The father is constantly blaming the mother for the conflictual situation. [ 14 ] Z tends to be impolite and disturbing in class. He has been suspended from school on three occasions this year.

He has a diagnosis of ADHD with opposition and is taking medication. [ 15 ] For the last three years, the mother and the children have been receiving services from [Organism A] to help the family with routine, structure and the family dynamic. [ 16 ] The father refuses to receive help and services regarding the situation with his children. [ 17 ] Although he participates in the evaluation, the father had a hard time setting the record straight regarding the situation reported. [ 18 ] Furthermore, despite being aware of the impact of the separation conflict between the parents and the children, he does not want to retain is negative remarks about the mother in front of the children. [ 19 ] He continues to blame the mother for different things for which he could act by himself as a parent. [ 20 ] The situation presented by the Director leads the Court to conclude that the children’s security and development are compromised for psychological ill-treatment because of their exposure to parental conflict, educational neglect by the father as he yells at them and uses foul language regarding their mother. [ 21 ] The Court also concludes that Y and Z are the object of physical abuse by their father.

The measures [ 22 ] At the Orientation Table, the father showed still mitigated recognition about the elements of compromission.

He does recognize the physical abuse on Z and Y and promises to make changes without stating which. [ 23 ] He stated not needing the intervention of the Director in his life. [ 24 ] The Tribunal disagrees with this assertion. [ 25 ] The father will have to learn to keep the children protected from his conflict with his ex-spouse and work on his parental skills as to how he exerts his authority. [ 26 ] The children should feel comfortable in any of their parent’s home. [ 27 ] The father has good pro-social values that he must learn to transmit to his children without any form of violence. [ 28 ] In order to accomplish this, the father should obtain help to better manage his emotions. [ 29 ] The mother has started a psychological follow-up and continues to collaborate with the worker from the [Organism A] and with the Director. [ 30 ] After reviewing the evidence, the Court finds that the measures recommended by the Director answer the children’s needs and are in their best interest.

FOR ALL THESE MOTIVES, THE COURT: GRANTS partially the present application; DECLARES that the security and the development of the children X, Y and Z are in danger on the grounds of: - For Y and Z: physical abuse; - For Y, Z and X: educational neglect and psychological ill-treatment; ENTRUSTS the children to their parents according to the modalities established by the Superior Court judgment and to the parents’ custody sharing agreement, and also according to the interest and the wishes to the children; ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation of endangerment;

ORDERS that the parents take an active and honest

part in the application of any of the measures ordered by the Court, to the elaboration of the intervention plan and to the psychological follow-up, in order to put an end to the situation of endangerment; ORDERS that a person working for CIUSSS A or any other establishment or body, provides aid, counsel and assistance to the children and their family for a period of nine months; ENTRUSTS the situation of the children X, Y and Z to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP M e Karyn Brown Counsel for the children M e Stéphanie Fortin Counsel for the mother Date of written judgment: July 27, 2021 Last Exhibits deposed: D-5