2015 QCCQ 12199, 2015 QCCQ 12199

Protection de la jeunesse — 152294 2015 QCCQ 12199 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027591-130 Date: March 13, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2008 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 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 March 13, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for extension of an order rendered by the undersigned, on August 23, 2013, whereby the now six year-old child, X , was entrusted to her mother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for extension dated June 3, 2014, are as follows: 3.1. the child remains at her mother’s home where she is progressing well; 3.2. the child attends daycare on a part time basis and will begin kindergarten in September 2014; 3.3. the mother continues to use marijuana regularly although she claims that this is never done in the presence of X; 3.4. the mother has not participated in counselling sessions to address her experience of having been the victim of conjugal violence; 3.5. the mother presents with fear and anxiety when X goes on visits with the father; 3.6. the parents continue to have a strained relationship; 3.7. the father did not complete his in-patient drug rehabilitation program; 3.8. from the month of October 2013 until January 2014, the father was incarcerated for breaches of his probation order; 3.9. the father has been consistent with his visits with the child and has a good relationship with X; 3.10. following his release from prison in January 2014, the father secured a home and employment and his overall situation is more stable; 3.11. however, the father continues to minimize his role as the perpetrator of conjugal violence towards the mother and lacks insight into the effect of witnessing violence on his daughter;

3.12. the father at times presents as unpredictable and he has not been willing to receive treatment for his anger problem; 3.13. it is warranted given the current situation of the family to continue to provide social services in order to ensure that the child is safe in his mother’s home and that she continues to see her father on a regular basis (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of twelve months. [ 5 ] The mother was unable to attend the hearing.

However, she was represented by Me Dallaire, who admitted most of the alleged facts and consented to the proposed measures on her behalf. [ 6 ] The father was also absent, but represented by Me Verreault-Nantel, who also admitted most of the alleged facts and consented to the proposed measures. [ 7 ] Me Thomas, 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-1 to D-6 as evidence: D-1: Court report, signed by [Social Worker 2], on May 21, 2014; D-2: Addendum, written by [Social Worker 1], dated July 29, 2014; D-3: Addendum II, written by [Social Worker 1], dated November 24, 2014; D-4: Police report, no: […] and […] (already filed under s. 294.1 C.p.c.); D-5: Extract of plumitif concerning the father; D-6: Addendum III, written by [Social Worker 1], dated February 27, 2015. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion and the need for the Director’s continued involvement with the family. [ 10 ] In addition, the worker emphasized the child’s great disappointment when her father cancels a scheduled visit. [ 11 ] He is strongly encouraged to be as consistent and predictable as possible in his daughter’s interest. [ 12 ] Under the circumstances, given the evidence and the consent on behalf of each of the parties, the Court is satisfied that the motion is well-founded.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X , remain compromised 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: [ 15 ] ORDERS that the child be entrusted to the care of her mother; [ 16 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 17 ] TAKES JUDICIAL NOTICE that the plan is for the child to see her father for a period of four hours every two weeks in the community; [ 18 ] STRONGLY RECOMMENDS that the father ensure that the visit are as consistent and predictable as possible; [ 19 ] ORDERS that the mother ensure that the child is not exposed to any drug use in the home; [ 20 ] ORDERS that the father refrain from being under the influence of drugs and/or alcohol in the child’s presence; [ 21 ] RECOMMENDS that the parents undergo random drug testing as requested by the Director of Youth Protection; [ 22 ] TAKES JUDICIAL NOTICE of the mother’s stated willingness to do so; [ 23 ] ORDERS that the parents ensure that the child is not exposed to any form of family violence; [ 24 ] RECOMMENDS that the father take

part in an anger management program; [ 25 ] TAKES JUDICIAL NOTICE that the father has indicated that he has begun attending A.A. meetings and that he intends to continue to do so;

[ 26 ] RECOMMENDS that he do so; [ 27 ] RECOMMENDS that the mother participate in personal therapy; [ 28 ] RECOMMENDS that the father undergo a psychological/parental capacity assessment and follow any recommendations that may be made; [ 29 ] RECOMMENDS that the mother receive services for victims of conjugal violence; [ 30 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 31 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 33 ] THE WHOLE for a period of twelve months.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Jean-Hervé Thomas Attorney for the child Me Karine Dallaire Attorney for the mother Me Mélodie Verreault-Nantel Attorney for the father TD/vl