2020 QCCQ 7417, 2020 QCCQ 7417

Protection de la jeunesse — 206494 2020 QCCQ 7417 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] No: 140-41-000646-206 DATE: October 20 th , 2020 Oral judgment PRESIDING JUDGE : ANDRÉE ST-PIERRE, J.C.Q.

In the matter of : X Born on [...], 2012 [WORKER SOCIAL 1] , in her quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A Applicant and A Mother And B Father JUDGMENT ON APPLICATION FOR PROTECTION 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 ] The Director of Youth Protection (DYP) seizes the Court of the situation of X, 8 years old, alleging that his security and development are endangered due to his father’s drinking addiction and violence problems. [ 2 ] All parties admit essentially the facts alleged in support of the application and are in agreement with the DYP’s recommendations.

ENDANGER [ 3 ] The parents have been together for fifteen years and X is their only child. [ 4 ] In April 2020, the father got drunk, the parents got into an argument, they screamed and the father hit the walls. It was not the only time such an event happened. On that day the child was not there but he has been exposed to his father’s violence under the influence of alcohol before. [ 5 ] Another event happened on June, 9 th , where the father got drunk, wanted to leave the house but the mother kept his car keys to prevent him from driving in the state he was.

The father then pushed the mother to the ground and left in the woods. The father was found by the police several days later. [ 6 ] Clearly, the child is exposed to domestic violence caused by his father. The father’s behavior affects the development of the child. [ 7 ] Under the circumstances, the Court declares that the security and development of the child are endangered according to

section 38 of Youth Protection Act. MEASURES [ 8 ] When she was asked to do so by DYP, the mother moved out and went to live at her sister’s house. Even though she says the father is not the same anymore and he has been doing well with the drinking, she understands that she has to put her child’s security first. [ 9 ] Over the last years, the mother went to live with extended family when violence occurred but she always returned to live with the father. That is not her intention this time. Mrs. [Social Worker 1] explained to the mother that if they found out that X is seeing his father without DPJ allowing it, the child could not be entrusted to her anymore and she understands that.

[ 10 ] The mother can live at her sister’s as long as she wants and it is a good idea for the child as he can have a stability there. [ 11 ] For several months, the father refused to collaborate with the DYP, didn’t show up for scheduled appointments, and didn’t return their calls. [ 12 ] He now accepts to get help for his problems but he hasn’t started any follow-up yet. It is important for him to get all the help he needs as soon as possible. That is the only way change can occur for him. [ 13 ] On September 4 th , the father had his first supervised contact with his son.

Those visits will not have to be supervised as long as the father is sober but supervision will be necessary in the event that he starts drinking again. [ 14 ] The measures recommended by DYP meet the needs of the child and are in his best interest. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X are considered to be in danger according to

section 38

c) and 38 b) 2 of the Youth Protection Act; [ 17 ] ORDERS that X is entrusted to his mother; [ 18 ] ORDERS that contacts between X and his father be determined following an agreement between the parties and that they be supervised if deemed necessary by the Director of Youth Protection; [ 19 ] ORDERS to the father to be sober at all times in the presence of his child and avoid exposing him to any form of violence; [ 20 ] ORDERS that the father commits to social services his situation requires, namely a follow-up for his alcohol addiction, as long as deemed necessary by the concerned professional; [ 21 ] ORDERS that the Director of Youth Protection name a social worker to provide aid, counsel and assistance to the child and his family; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measures until June 30 th , 2021.

Signed on November 6 th , 2020 ANDRÉE ST-PIERRE, JCQ Me Mylène Pelletier-Rivet smith & lemieux, avocates lawyer for direction of youth protection Me Mylène Murray centre communautaire juridique A Lawyer for the child The mother, personally The father, personally Date of hearing: October 20 th , 2020