2018 QCCQ 17043, 2018 QCCQ 17043

Protection de la jeunesse — 187894 2018 QCCQ 17043 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033932-187 DATE : July 9, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2015 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on July 9, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subject to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care at the exclusion of the father. The Director recommends that diverse support measures be ordered for a period of nine months. [ 4 ] The parents and the child’s attorney are in agreement with the proposed plan. Me James submits that as Dr.

Benarroch’s diagnostic assessment was not deposited in Court, the Tribunal cannot order that the parents follow his recommendations. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 6 ] From May 12, 2017 until May 11, 2018, the child’s situation has been followed by the Director under a Voluntary Measure Agreement. [ 7 ] The child has been exposed to incidents of conjugal violence between the parents. [ 8 ] The father has completed a 15 sessions Anger Management Program at the McGill Domestic Violence Clinic in the fall of 2017. [ 9 ] The child visits his father on a regular basis. These contacts are positive for him. [ 10 ] On January 17, 2018, the father was sentenced to weekends in prison for a past offence (possession of substance for purpose of trafficking).

[ 11 ] In the fall, the mother also participated in individual sessions of anger management through the CLSC. Since June 13, 2017, she has been working in collaboration with an educator. Faced with the child’s challenging behaviours, the mother can react impulsively and yell at him. She is open to learn alternative ways to structure him. [ 12 ] The mother has experienced financial difficulties and her residential situation has been unstable.

In February 2018, she moved in with the maternal grandmother has she was unable to pay for December, January and February rent. [ 13 ] In February 2018, the child was diagnosed with Autism and an overall developmental delay. He is currently on a waiting list to receive specific support services in relation to his Autism. The parents require support in learning how to manage this new reality.

They participated in the Pistache Program from the CLSC for children suspected of Autism, although they have not completed the program yet. [ 14 ] On May 11, 2018, the Tribunal entrusted the child to the mother on a provisional basis. The Tribunal also ordered diverse support measures. [ 15 ] At the beginning of June 2018, the mother moved with a newly met neighbour, who has three children of her own. [ 16 ] At this point, it still appears unclear if the parents wish to reunite or not.

The parents have acknowledged the need for couple therapy or co-parenting program. [ 17 ] On June 12, 2018, the child was registered in the Unisson Program for children aged from zero to seven diagnosed with Autism. [ 18 ] As the family’s situation remains fragile, the Director’s support is still necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 21 ] ORDERS that the child be entrusted to his mother; [ 22 ] ORDERS that the frequency and modalities of contacts between the child and his father be determined by the Director of Youth Protection; [ 23 ] ORDERS that the parents not expose the child to any verbal or physical violence, couple conflict or denigration; [ 24 ] RECOMMENDS the parents to follow the recommendations from Dr.

Benarroch’s diagnostic assessment in a timely manner (specifically regarding enrollment in daycare, stimulation groups, and access to other funding and resources); [ 25 ] RECOMMENDS that the parents engage in a therapeutic process to address their personal issues; [ 26 ] RECOMMENDS that the parents obtain couple/co-parenting therapeutic services; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 28 ] THE WHOLE for a period of nine months; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on August 6, 2018 /cd Mtre Angela Nevard Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Jean-Hervé Thomas Counsel for the mother Date of hearing: July 9, 2018