2019 QCCQ 19764, 2019 QCCQ 19764

Protection de la jeunesse — 198159 2019 QCCQ 19764 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000979-192 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the parents are failing to provide for the child’s basic physical needs, for the child’s physical or mental health and for the child’s appropriate supervision.

The Director alleges that a serious risk or neglect exists and that the child is subject to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be provided until September 30, 2020. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The mother reported having separated from the father in March 2019.

She mentioned that since then, the child alternates between both parents every week. Contrary to what the mother reported, the father stated that they separated in December 2018 and that the mother had not cared for the child since. The father reported that he could count on his sisters’ and the maternal grandmother’s support. [ 7 ] On July 25, 2019, the father asked that the child be placed as he was overwhelmed with the child’s care. Immediate protective measures were invoked and the child was placed in a foster family. [ 8 ] On that day, the child was observed to have lice and to be very dirty.

His buttocks were red and irritated. He had severe injuries and lesions to his head, ear and leg. He had several other medical issues that were not treated.

[ 9 ] The child is not yet toilet trained. He cannot eat alone and does not speak. He is mostly crawling instead of walking. He barely interacts with others. The parents and the maternal grandmother explained that, when he was younger, he got meningitis, which affected his development. [ 10 ] On April 23, 2019, the child’s speech-language was assessed. It was determined that his language development seemed below the level expected. It was recommended that his hearing be checked. Language development advice was given to stimulate the child.

He was put on a waiting list to be seen by the occupational therapist. [ 11 ] The father has issues with alcohol consumption. He admitted consuming alcohol every weekend and during his vacation. He does not consider this as problematic. He acknowledged consuming 2 grams of marijuana every day. [ 12 ] On June 28, 2019, the father was arrested for operating a motor vehicle while impaired by alcohol and while having a blood alcohol concentration that exceeded 0.08. [ 13 ] The parents’ relationship was punctuated with episodes of conjugal violence.

The mother reported that the father has been verbally and physically violent towards her. He reported that she was the one who was physically violent towards him. The father did acknowledge that before the child’s birth, he had been physically violent with the mother on one occasion. [ 14 ] On July 29, 2019, during her meeting with the Youth Protection worker, the mother stated having seen her child two weeks prior to the interview. She mentioned that her son was in good health then. She mentioned that the child understands and speak Inuktitut at home.

She admitted that on two occasions, she had missed his follow-up appointment with the speech therapist. [ 15 ] The mother admitted to drinking alcohol once per week and sometimes during the weekend. She does not believe that her alcohol consumption is problematic. She denied consuming drugs. The father reports that she consumes marijuana, cocaine and speed. [ 16 ] The maternal grandmother, Ms. C, reported that the child was witness to both parents’ serious alcohol and conjugal violence issues. She reported that the mother consumes marijuana on a regular basis and that the father was always drunk.

The maternal grandmother mentioned that since the parents’ separation, she was the one who mostly cared for the child (approximately four to five days per week). The grandmother was quite shocked to learn about the child’s state of health. [ 17 ] During the evaluation process, the Youth Protection worker observed that the family house was in disarray and inadequate for the child to live there. [ 18 ] The mother admitted that last year, she has expressed suicidal ideations. She reported feeling better now. [ 19 ] The parents are collaborating with the Youth Protection worker but they remain very passive.

In July 2019, they did not show up for two of the child’s medical appointments and did not present themselves at the meeting with the child’s psychiatrist on July 25, 2019. They minimize their responsibility in the situation and blame each other. [ 20 ] The parents will have to work on their communication issues. Even if they are no longer involved in a conjugal relationship, they will always remain the child’s parent. They will have to find ways to communicate in order to make decisions for their son.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 i, 38 b) 1 ii, 38 b) 1 iii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 23 ] ORDERS that the child be entrusted to a foster family; [ 24 ] TAKES JUDICIAL NOTICE that the Director’s chosen foster family is the one of the maternal grandmother; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation of compromission; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that the parents remain sober in the presence of the child; [ 28 ] ORDERS that the parents remain without any violent behavior in the presence of the child; [ 29 ] ORDERS that the parents ensure that the child receive health services required by his situation; [ 30 ] ORDERS that the Director of Youth Protection ensure that the child receive health care and health services, more specifically, tests for the child’s earing; [ 31 ] RECOMMENDS that the parents seek help through the Social Services for their personal issues; [ 32 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 33 ] TAKES JUDICIAL NOTICE of the parents’ consent for the child to attend daycare;

[ 34 ] ORDERS that the child attend daycare as soon as possible; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 36 ] THE WHOLE until September 30, 2020; [ 37 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs.

Laurence Migué Counsel for the child Mtre Nada Boumeftah Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: September 26, 2019