2018 QCCQ 14461, 2018 QCCQ 14461

Protection de la jeunesse — 185040 2018 QCCQ 14461 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41- 033129-172 DATE : February 28, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on April 7, 2004 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , father 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 February 28, 2018. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescents (now aged 16 and 13) alleging that their security and development are compromised due to psychological ill-treatment (conflicts opposing the parents). [ 3 ] The Director is asking that all family members participate in family therapy, that the adolescents continue to receive individual therapy and that aid, counsel and assistance be provided for a period of one year. [ 4 ] The parents admit only partially the facts alleged in support of the applications.

The parents recognise that the security and development of their sons are compromised due to their ongoing conflicts. They are in agreement with the recommendations of the Director. [ 5 ] X admits the vast majority of the facts alleged by the Director. He wishes for his family to participate in family therapy and wants, progressively, to have more contacts with his dad (Mr. A). He welcomes the intervention of the Director and wants “to live with everybody”. [ 6 ] Y admits only partially the facts alleged in support of the application. He wishes to repair his relationship with “B” (Mr.

B) but is not ready yet to meet with him. He wishes to participate in family therapy, first with his brother and “A” (Mr.

A) and then, afterwards, when he feels ready, with “B”. He is in agreement with the involvement of the Director but hopes that the Director will listen to what he

has to say, more and differently than the Director has so far. THE CONTEXT [ 7 ] Approximately nine years ago, the children were adopted by Mr. B and Mr. A. Prior to their adoption, they have lived in different foster homes and suffered traumas. [ 8 ] The children were 7 and 5 years old when they were adopted. The family lived together until the separation of the parents. [ 9 ] Even since, the children have been aware of the conflicts opposing the parents who kept accusing each other of wrong doing. In addition to financial disagreements, the parents argued over custody.

Initially, the parents shared equal custody of their sons until the boys requested to spend more time with Mr. A. A custody dispute ensued. Y refused to return to Mr. B as he felt hurt by comments made by Mr. B. As a result, Y has not seen him in over two years. [ 10 ] Eventually, X asked to live with Mr. B on a full time basis as he felt calmer and safer in his papa’s home environment. [ 11 ] The couple tried mediation on more than one occasion. They tried in various ways to settle their differences. Superior Court was seized of their various requests.

A judgment was rendered on October 6, 2017, allowing custody of X to Mr. B and Y to Mr. A. [ 12 ] End of July 2017, the Director received a signalement alleging that X has divulged that he was sexually abused by his brother Y on one occasion, three years ago. Allegations of physical and psychological abuse by Y towards his brother as well as violent behaviour of Mr. C, Mr. A’s current partner, were also made. [ 13 ] The evaluation of the signalement does not allow the Director to conclude that there has been sexual abuse nor physical or psychological abuse from Y towards his brother.

The Director does not conclude either that X was physically abused by Mr. C. [ 14 ] Rather, the assessment reveals that both adolescents suffer the impacts of the severe and continuous conflicts opposing their parents. The severity and chronicity of these conflicts not only have an impact on the adolescents but have also created distance between the siblings. In the spring of 2017, X expressed suicidal ideations. In April 2017, X divulged to Mr. B having been sexually abused by this brother three years before. The situation was brought first to the attention of the police. Mr.

A and Y found out later on what X had divulged. [ 15 ] Under the circumstances, the already tense situation between the adolescents became worse. Y was hurt and angry. He denied the abuse and did not understand how his father, Mr. B, went first to the police without getting his version. [ 16 ] Despite the good intentions expressed by the parents, they have not been able to protect the children from their unhealthy conflictual relationship.

They now recognise the negative impact their relationship has on their sons and are ready to welcome the help of the Director. [ 17 ] Individual therapy services are already provided to the adolescents.

Family therapy is recommended and agreed by all family members. [ 18 ] The Director has established that the security and development of the adolescents are compromised due to psychological ill- treatment (severe conflicts opposing the parents). [ 19 ] The measures recommended meet the needs of the adolescents and are in their best interest. [ 20 ] AS A CONSEQUENCE AND FOR THESE REASONS , [ 21 ] THE COURT : [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and the development of the adolescents are compromised due to psychological ill-treatment (severe conflicts opposing the parents); [ 24 ] 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: [ 25 ] ENTRUSTS the adolescents to the care of their parents; [ 26 ] TAKES JUDICIAL NOTICE that currently, X is living with Mr.

B and Y with Mr. A; [ 27 ] ORDERS that the adolescents receive specific health care and services namely, individual therapy for as long as they wish to receive individual therapy and family therapy; [ 28 ] ORDERS the Director to facilitate contacts between X and Mr. A and between Y and Mr. B, taking into consideration the desires expressed by both adolescents in consultation with the professionals involved; [ 29 ] ORDERS that the adolescents and their parents collaborate the Director;

[ 30 ] ORDERS that aid, counsel and assistance be provided to the adolescents and their family; [ 31 ] ENTRUSTS the situation of the adolescents, Y and X A-B, 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; [ 32 ] THE WHOLE for a period of one year. Signed on March 19, 2018 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Heidi Lechter Attorney for the Director of Youth Protection Me Claudine Du Sablon Attorney for the adolescent Me Jérémie Comtois Attorney for the father B Date of hearing : February 28, 2018 MA/lf