2021 QCCQ 10048, 2021 QCCQ 10048

Protection de la jeunesse — 214775 2021 QCCQ 10048 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N os : 455-41-001269-208, 455-41-001270-206, 455-41-001271-204 DATE: June 3, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2013 Y Born on [...], 2012 Z Born on [...], 2012 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ 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 for the revision of the Court order rendered on July 2, 2020. [ 2 ] By this order, the Tribunal declared the security and development of the children still in danger for the motives of physical abuse and educational neglect. [ 3 ] As protective measures, the Court entrusted the children to their mother, authorized supervised contact with their father, took act of the father’s engagements regarding his alcohol abuse and emotional behaviour, and ordered a social follow-up for a period of nine months. [ 4 ] Today, the Director considers that the security and the development of the children are still in danger but only for the motive of physical abuse.

[ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court maintains the children entrusted to their mother, prohibits all direct or indirect contacts between the children and their father, orders that the parents report periodically to the Director on the measures they apply in their own regard or in their children’s regard to put an end to the situation of compromission, and orders a social follow-up for a period of six months. [ 6 ] At the hearing on June 3, 2021, the mother is present and represented by a lawyer.

She agrees with the recommended measures. [ 7 ] The father is present but not represented by a lawyer. He also agrees with the recommended measures. [ 8 ] The child’s lawyer represents that the Director’s recommendations are in the children’s best interest.

Evolution of the situation [ 9 ] X (7 years old), Z (8 years old) and Y (8 years old) live with their mother and her spouse. [ 10 ] Since the father’s release from prison in June 2020, the delegate has tried several times to get in touch with him, to no avail. [ 11 ] The children have had an overall positive evolution while entrusted to their mother. [ 12 ] The children have some difficulties listening to the parental figure, but much progress has been made on this front. [ 13 ] In August 2020, the family began receiving the services of an educator. [ 14 ] At the same period of time, the mother reported to the delegate that she had received several threatening messages from the father, asking her to let him see or speak to the children.

She has not yet filed a complaint with the police. [ 15 ] At the end of August 2020, the father contacted the children via a video call while the mother was in earshot. [ 16 ] After this call, the mother instructed the children on what they can or cannot do and notified the school that it is strictly prohibited for the father to pick up the children. [ 17 ] The mother has informed the father that, if he wanted to see the children, he would have to contact the delegate. [ 18 ] The children show little interest in seeing their father and can go for long periods of time without asking about him. [ 19 ] In November 2020, the mother gave birth to her and her spouse’s daughter C. [ 20 ] The mother is involved with the school and the children’s academic situation has improved this year. [ 21 ] The mother offers a good collaboration and has reached the objectives set for her in the intervention plan. [ 22 ] The motive of educational neglect is thus no longer current. [ 23 ] She now needs to settle the situation in regard to legal custody and access rights. [ 24 ] The Director indicates that once the mother obtains a judgment for these matters, they will close this file. [ 25 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and the development of the children X, Y and Z are still in danger for the motive of physical abuse; REVISES the Court order rendered on July 2, 2020, in the present file; MAINTAINS the children entrusted to the mother; PROHIBITS all direct or indirect contacts between the children and the father; ORDERS that the children’s parents report periodically 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 in which the security or development of the children is in danger; ORDERS that the parents take an active and honest part to the application of any measures ordered by the Court, namely the elaboration of the intervention plan and the psychosocial 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 six 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.

TAKES NOTE of the mother’s intention to initiate proceedings in Superior Court to obtain legal custody and settle the father’s access rights;

TAKES NOTE that if the mother obtains a judgment from the Superior Court, the Director of Youth Protection intends to close the file; __________________________________ PASCALE BERARDINO, J.C.Q. M e Christine Loubier Counsel for the DYP M e René Sévigny Counsel for the children M e Érica Gosselin Counsel for the mother Date of hearing: June 3, 2021, Exhibits: D-4 Date of written judgment: August 2, 2021