2017 QCCQ 17042, 2017 QCCQ 17042

Protection de la jeunesse — 177525 2017 QCCQ 17042 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31904-162 Date: October 4, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2016 [SOCIAL WORKER 1] , duly authorized by 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 The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 4, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on March 16, 2017, whereby the now nineteen month old child, X , was entrusted to the care of her parents with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for revision dated September 1, 2017, are as follows: 3.1. on or about July 1, 2017, there was a family incident for which police intervention was required; 3.2. on or about August 14, 2017, the situation of the child was signalled following police intervention, the father appeared under the influence and could not walk straight; 3.3. parents were not forthcoming with information and difficult to reach until August 25, at which time the child was brought to a confidential foster family under immediate protective measures; 3.4. upon arrival at the foster home, the child was observed to have a dark crusty discharge in one ear and a cut to her other ear; a medical examination revealed that the child had a perforated eardrum and that it would have occured about one week earlier; 3.5. the parents have not been transparent about their situation with social services; 3.6. on August 30, 2017, the father confirmed having consumed five to six beers on August 14, 2017 but denies being inebriated; 3.7. the parents have not been transparent about their situation with social services; 3.8. serious concerns exist about the parents minimizing their alcohol abuse and their conjugal violence issues; 3.9. the child is highly vulnerable given her age (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to her mother, on condition that she reside at the Native Women’s Shelter for a minimum period of three months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Verreault-Nantel, denied many of the alleged facts but nonetheless consented to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, made a general admission and also consented to the proposed measures. [ 7 ] Me Fafard, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-5 and D-6 as evidence: D-5: Police report event #MTLEV1700765950; D-6: Court Report, written by [social worker 1], dated September 27, 2017. [ 9 ] In

summary, the uncontradicted evidence establishes the need for protective measures to ensure the child’s safety. [ 10 ] As summarized in the Court Report : The most recent signalement received on August 14, 2017, is the sixth signalement over a period of 16 months for this family. Four of the signalements relate to conjugal violence and alcohol use. One signalement relates to alcohol use on the part of Mr. Meza La Rosa. Police have been called in every one of these situations. [2] […] The DYP intervention with the family is necessary as the alcohol use remains an issue putting X at risk.

Also it is felt that the couple still experiences difficulties with their relationship. Both parents now agree to receive intervention from CRD Foster. Both parents love their daughter and they do want the best for her. However, the issue of alcohol abuse is a recurring theme and X has been present during these events.

The conjugal violence problem has not been fully addressed and it is felt that both parents also have to commit to address it. [3] [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the child be entrusted to her mother, on the condition that she reside at the Native Women’s Shelter for a minimum period of three months; [ 15 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection; [ 16 ] ORDERS that both parents ensure that the child is not exposed to any conflicts, hostility or aggression; [ 17 ] ORDERS that the parents refrain from consuming alcohol in the presence of their child; [ 18 ] RECOMMENDS that the father benefit from an assessment for his alcohol abuse and that he follow through with any recommendations that may be made; [ 19 ] RECOMMENDS that the parents seek couple counselling; [ 20 ] ORDERS that the parents ensure that the child’s medical needs are met in a timely fashion, more particularly to deal with her cleft palate as well as to ensure that she benefits from a regular follow-up with an ear, nose and throat doctor regarding her perforated eardrum and tubes in her ears; [ 21 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 22 ] ENTRUSTS the situation of the child, X , 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;

[ 23 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Mélodie Verreault-Nantel Attorney for the mother TD/vl