2017 QCCQ 16017, 2017 QCCQ 16017

Protection de la jeunesse — 176672 2017 QCCQ 16017 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032724-171 DATE : September 20, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 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 September 20, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that is exposed to parental conflict as well as neglect issues. [ 3 ] On June 22, 2017, the Tribunal maintained the child entrusted to both parents, taking act that the parents have shared custody of the child on an alternating weekly basis. The Tribunal ordered that the parents refrain from being in each other’s presence in front of the child.

The Tribunal also ordered other provisional support measures. [ 4 ] Today the Director recommends that the child remain entrusted to the care of both parents and that support measures be put in place for the next year. [ 5 ] Both parents and the child’s lawyer are in agreement with the proposed plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The parents separated in September 2016.

They share the child’s custody on an alternating weekly basis. [ 8 ] The parents regularly argue and curse at each other in the child’s presence. [ 9 ] The mother reports that the father regularly denigrates her in the child’s presence. The mother worries about the father’s capacity to care for the child. She reports that the father often yells and screams at the child for no apparent reason. She also reports that, when the child comes back to her care, her hair is not washed or brushed. [ 10 ] The mother currently sees a psychologist to help support her with the current situation.

[ 11 ] The father worries about the mother not sending Y to daycare on a regular basis. He denies that the children are neglected while in his care. [ 12 ] In January 2017, the child X was diagnosed with stage four neuroblastoma cancer. Because of her medical situation, X has stopped attending daycare. [ 13 ] The father acknowledges three incidents where he lost his temper at Ste-Justine Hospital while discussing with the mother. [ 14 ] The child X has highly detrimental reactions when the parents fight in front of her.

Professionals from Ste-Justine Hospital have observed that her fever spikes and that she becomes overwhelmed. [ 15 ] The father reports that, in the past, he received counseling support from Mr. [social worker 1], however he is not currently involved in a therapeutic process.

He agrees to continue this process with Mr. [social worker 1]. [ 16 ] The person responsible for X’s daycare reported that, at the time when the child was under the father’s responsibility, she would come to the daycare with dirty hair and clothing. [ 17 ] The person responsible for Y’s daycare reported that there are no concerns regarding the child’s health and hygiene in both parents’ home. Y mentioned that “ daddy says mommy is not nice and that she is a mean lady .” Y has now started to attend Kindergarten. [ 18 ] Ms.

Florence Marcil Denault, psychologist at the Oncology Department at Ste-Justine Hospital, presents the situation as followed: Neither parent is able to put the conflict aside and to focus on their children, as each parent claims that the other is mentally ill and should not have the custody of the girls. (…) the conflict between the parents prevents the child (

X) from receiving these treatments adequately. [ 19 ] The parents do not need to develop a friendship, but they will always remain parents and will have to learn to communicate with each other in a civil manner in order to play an effective role for their child. The Director will have to support them in this endeavour. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 22 ] ORDERS that the child be entrusted to the care of her parents; [ 23 ] ORDERS that the modalities of contacts between the child and her parents be determined by the Director of Youth Protection; [ 24 ] ORDERS that the parents ensure that X receive all medical treatment necessary and follow through with any recommendations from treating professionals; [ 25 ] ORDERS that the parents individually engage and receive counselling and therapy and TAKES ACT of the parents’ consent to do so; [ 26 ] ORDERS that both parents participate in parenting classes together or separately and TAKES ACT of the parents’ consent to do so; [ 27 ] ORDERS that the parents follow through with any Superior Court order measures; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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.

Signed on October 6, 2017 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Marc Morin Counsel for the father Date of hearing: September 20, 2017