2022 QCCQ 7567, 2022 QCCQ 7567

Protection de la jeunesse — 225548 2022 QCCQ 7567 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000757-226 DATE: September 28, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2013 Child and A Mother ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the child are in danger, according to

section 38(

c) of the Youth protection Act , namely because of a situation of psychological ill-treatment. [ 2 ] At the hearing, the mother is present and agrees with the recommendations of the DYP. As far as the child is concerned, a lawyer represents her interests. Considering the evidence, the latter agrees with the recommendations of the DYP. [ 3 ] A notice for restriction of contact with the child was notified to Mr. B to manage his access with the child. The latter does not contest that request.

CONTEXT [ 4 ] The DYP got involved with the child’s family because of allegations of domestic violence from his stepfather. [ 5 ] On August 11, 2022, an immediate protective measure is applied to entrust the child to his mother, it was extended for another 5 days. [ 6 ] On August 19, provisional measures were ordered entrusting the child to the mother until the hearing set on September 28. Analysis and decision [ 7 ] The mother has been in a relationship with Mr. B for at least the past 5 years. The couple’s situation has been deteriorating since 2018 and they have had some difficulties over the years.

The mother has already been punched in the face by her partner following an argument with him. Police intervention was frequent at their house regarding domestic violence or to expel her partner from her house. [ 8 ] During the Covid pandemic, she consumes a lot of alcohol and struggles with depression. She refused to take antidepressant using alcohol to cope with her state. [ 9 ] The child is doing well and she spends a lot time at her grandmother who lives next door. She expresses that she is not afraid of her stepfather. However, she does not like to see her mother cry.

[ 10 ] The mother is very honest and transparent with the DYP. She admits that she is overwhelmed with personal and professional life. She is aware of the dynamics and impact of domestic violence in her life as well as the harmful effects of her abusive consumption. She recognizes that she must work on these problems and wishes to get involved in therapeutic follow-ups to help her. She collaborates well with the services and she is motivated to be better for her daughter’s sake and provide for her needs. [ 11 ] The child’s stepfather does not live with the mother and her child.

He is currently seeking services from the organization “A”. A follow-up regarding anger management will be helpful as well since he tends to be intimidating when talking with the youth delegate. [ 12 ] At the stage, the DYP has to stay involved in this family’s life to make sure that the mother seek help and protect her child from any violence. The child needs a secure, healthy and stable environment in order to develop adequately. [ 13 ] The evidence demonstrates that the security and development of the child are in danger. Considering the evidence adduced, the application is well founded.

Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and the development of X are in danger according to

section 38(

c) of the Youth Protection Act ; [ 16 ] ORDERS that the child be entrusted to her mother; [ 17 ] ORDERS that contact between the child and Mr.

B be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] ORDERS that the mother participate in a follow-up for her addiction problem, as long as deemed necessary by the professional involved; [ 19 ] ORDERS that the mother participate in psychological counselling to help her deal with her personal issues; [ 20 ] TAKES ACT of the consent of the mother to participate in a follow-up for her addiction and in psychological counselling; [ 21 ] ORDERS that the mother actively participate in the measures ordered to put an end to the situation of endangerment; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until March 31, 2023; [ 23 ] 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 present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Sam Bernard for the child Ms. A the mother Written judgment filed on September 29, 2022