2022 QCCQ 11695, 2022 QCCQ 11695

Protection de la jeunesse — 226822 2022 QCCQ 11695 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41-037241-205 525-41-037242-203 DATE: December 7, 2022 ______________________________________________________________________ PRESIDED BY : THE HONOURABLE ROBERT HAMEL, JCQ ______________________________________________________________________ In the matter of : X (525-41-037241-205) Born on : […], 2008 - and - In the matter of : Y (525-41-037242-203) Born on: […], 2005 The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A applicant - and - A , the mother - and - B , the father Respondents ______________________________________________________________________ JUDGMENT (

section 95 of the Youth Protection Act (CQLR c. P-34.1 ) ______________________________________________________________________

WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents. Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] OVERVIEW [ 1 ] Y and X, respectively 16 and 14 years old, are entrusted to the care of their mother.

The children have a very strained relationship with their father at the present time. [ 2 ] Due to this strained almost non-existent relationship coupled with the severe separation conflict between the parents, the Director of Youth Protection (the Director) filed an application to extend its involvement with the family. The application for revision and extension was filed in June 2021. Many days of hearings and interim measures followed.

The hearing was finalized on December 7 th , 2022. [ 3 ] As corrective measures, the Director recommends that the children remain entrusted to the care of their mother, that they and their family receive aid, counsel and assistance for a period of nine months along with other more specific recommendations. [ 4 ] The family agrees with the proposed measures however, they are requesting that the duration of the order be until the end of the present school year. [ 5 ] All the documentary evidence is filed, by consent, to serve as evidence. [ 6 ] Considering the agreement of the parties to the latest recommendations presented by the Director, the Court concludes that there are no questions at issue.

ANALYSIS AND DECISION [ 7 ] The situation that brought these children to the attention of the Director is one of severe separation conflict between the parents. This conflict is still very much active. [ 8 ] Over the course of the hearing, it has become evident to the Court that the father has not, until recently, been able to see his responsibility in the situation. He has pointed the finger at the mother and the children. He has blamed everyone but himself. He could not see how his actions affected those around him.

The father has been unable to see that his expectations could not be met by his children because they were not what they wanted for themselves. [ 9 ] A psychological evaluation [1] of the family brought to light the complexity of the family situation. Both parents have adequate parental capabilities. However, they both can be self-centered but not to the extent of being egocentric. They are both wary of the other and find it difficult to trust the intentions of the other.

The wariness and mistrust exacerbate an already conflictual relationship. [ 10 ] As for the children, the psychological evaluation reveals that they are waiting to see concrete changes in their father before investing in their relationship with him. [ 11 ] It was hoped by all that after the interview with the psychologist, to explain her findings, that certain family members would re- evaluate their thinking as far as the family dynamics. [ 12 ] The Court was hopeful that the parents would realize the impact of their ongoing conflict on the children, not just on the relationship between the father and the children, but on the children’s development as adolescents navigating this period of their lives in 2022.

Unfortunately, this was not the case. [ 13 ] In a letter [2] dated November 22, 2022, [Social Worker 1] stated that after her meeting with Mr. B, she is recommending a slower approach to the reinstatement of contacts between the father and his children. She warns that to reinstate the contacts too quickly could jeopardize the re-establishment of a healthy father-child relationship. This re-evaluation of her recommendations stems from the fact that after her meeting with the father, it became apparent to her that Mr.

B has not understood how he is also responsible for the deterioration of his relationship with his children. [ 14 ] At the hearing of December 7 th , 2022, the father rendered heartfelt testimony in which he acknowledged his shortcomings where his children are concerned. He also testified on his motivation for doing what he believed to be in their best interest at the time. He apologized to his children for not being up to the task of being the father that they needed when they needed it.

He also undertook to do better by them in the future. [ 15 ] Even if the children don’t realize it yet, this statement is a major step for the father. It is a step in the right direction. With the proper help and a positive mindset, the Court believes that this family can adjust to their new reality and finally put an end to the situation that endangers the security and the development of the children. The period between now and the end of the school year should be enough for the situation to be sufficiently changed and allow for the necessary services to be in place.

Once in place and established these services could allow for the Director to withdraw from this family’s life. Thereby bringing an end to their intervention. GIVEN THE ABOVE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES the security or development of both children are still in danger;

AS TO THE MEASURES: [ 18 ] ENTRUSTS Y and X to the care of their mother; [ 19 ] ORDERS that the frequency and modality of contact between Y, X and their father be determined by the Director of Youth Protection, taking into consideration the children’s wishes and comfort level, and the recommendations of the Psychological assessment; [ 20 ] ORDERS that Mr. B and Ms. A not expose their children to any verbal or physical violence, including denigration of the other parent, and ensure that the children are kept out of adult conversation and issues; [ 21 ] ORDERS that Mr.

B refrain from verbally denigrating his children; [ 22 ] STRONGLY RECOMMENDS that Y continue to receive mental health services including following the recommendations made in her Autism Assessment; [ 23 ] STRONGLY RECOMMENDS that Mr. B and Ms.

A continue to receive individualized therapeutic services; [ 24 ] STRONGLY RECOMMENDS that all parties follow the recommendations of the psychological assessment; [ 25 ] RECOMMENDS that X continue to receive therapeutic services and follow the recommendations made; [ 26 ] STRONGLY RECOMMENDS that X be enrolled in and attend an extracurricular activity; [ 27 ] RECOMMENDS that X, when he is ready to do so, undergo a psychiatric evaluation and follow through on the recommendations made in said assessment; [ 28 ] AUTHORIZES the DYP to exchange pertinent information with service providers working with the family; [ 29 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to Y and X and their family, including the services of an educator if deemed necessary; [ 30 ] ENTRUSTS the situation of Y and X to the Director of Youth Protection of the CIUSSS A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE until June 23 rd , 2023 . _________________________________ ROBERT HAMEL, JCQ Signed on January 9 th , 2023 M e Esther Sterling Attorney for the applicant M e Valérie Lafortune Attorney for the children M e Judith Shapiro-Knight Attorney for the father Dates of hearing: July 6 and October 12, 2021 and February 4, August 17 and December 7, 2022 RH/cc