2020 QCCQ 11871, 2020 QCCQ 11871

Protection de la jeunesse — 208327 2020 QCCQ 11871 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000529-207 DATE: January 26, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A and B Parents/Respondents ______________________________________________________________________ CORRECTIVE JUDGMENT ______________________________________________________________________ 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 ] Considering the judgment rendered on December 7, 2020; [ 2 ] Considering the error that appears in the file number; WHEREFORE, THE COURT: [ 3 ] CORRECTS the judgment rendered on December 7, 2020 in order to modify the file number so that it reads as follows: 105-41- 000529-207 instead of 105-41-000529-202. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant

Me Jules Grenier for the child Me Danny Genois for the mother Mr.

B the father (absent) JP2122 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000529-202 DATE: December 7, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A and B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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) asks the Court to declare that the children from that family suffer from psychological ill-treatment, being exposed to domestic violence. The director of youth protection (DYP) also pleads that the children are submitted to neglect. [2] The mother and children are in agreement with the DYP in regard to the alleged situation as well as recommended protective measures.

The father does not attend the hearing and refuses to discuss with the social worker in charge of assessing the situation. [3] Following the hearing, the Court grants the application, rendering judgment orally. Here are the reasons supporting that decision.

[ 4 ] For years, the parents have a stormy relationship, they break up and reconcile on several occasions. [ 5 ] The parents take drugs. The mother smokes cannabis nightly, to assist in pain relief for a back injury. The father uses hard drugs, namely crack and cocaine. The children are aware of their father’s drug use. [ 6 ] The mother suffers from domestic violence on both physical and psychological levels. She states that the father is controlling, manipulative, sometimes paranoid and overly jealous. [ 7 ] The children are powerless witnesses of their father’s violent outbursts.

They both describe troubling and worrying events involving violence. Sometimes they feel unsafe and scared with their father. The young girl has panic attacks, and she is involved in a follow-up in regard to her anxiety. [ 8 ] In October of this year, the mother puts an end to her relationship with the father. She expresses no intention of going back. At first, she leaves the residence, with the children, to find safety in a women's shelter. She provides a statement to the police, which leads to the father being arrested then released with conditions to respect.

The father is forbidden to have contact with the mother and to be present at her residence. [ 9 ] The mother and children are now back living at the house. Both children express fear towards the father and refuse to have contact with him. [ 10 ] The situation remains difficult at home. [ 11 ] The mother struggles with depression and limited income. The young girl suffers from anxiety issues. The young boy presents behavioural problems. [ 12 ] The mother appears to be an engaged caregiver. However, it is difficult at home in regard to discipline, notably with video games.

Her son opposes to authority and it sometimes escalates. The young boy states that his mother scream, yell and can become aggressive. [ 13 ] Moreover, the young boy appears preoccupied in school and sometimes shows inappropriate behaviour, such as hitting and pushing other children. [ 14 ] The social workers in charge of the file for the DYP are not able to obtain any cooperation form the father. He tells them he refuses to meet with them. He obviously also refuses to provide the Court with his version of facts. [ 15 ] The preponderant evidence convinces the Court that the application is well founded.

The measures that the DYP recommends meet the best interest of the children. Unfortunately, it is necessary to strictly limit the possibility of contact between the children and their father, in order to protect the children. They need safety and calm in order to heal.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to sections 38c) and 38b)1 o iii of the youth protection act ; [ 18 ] ENTRUSTS the child to his mother; [ 19 ] PROHIBITS contact between the child and his father, unless the parties agree on such contact and they be supervised; [ 20 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the child be provided with any health care and social services required by his condition, notably a follow-up with a psychologist; [ 22 ] ORDERS that the child and his mother benefit from external rehabilitation services as long as necessary by the DYP; [ 23 ] RECOMMENDS that the father submit himself to random screening tests for drug and/or alcohol; [ 24 ] RECOMMENDS that the parents get involved in a follow-up related to their personal difficulties as long as deemed necessary by the professionals involved; [ 25 ] PROHIBITS the parents to expose the child to any form of violence; [ 26 ] ORDERS that the parents participate actively in the application of the measures ordered; [ 27 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until December 31, 2021; [ 28 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment;

[ 29 ] ORDERS the parties to conform themselves to the present order. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Danny Genois for the mother Mr. B the father (absent) Written judgment filed on December 16, 2020