2018 QCCQ 20053, 2018 QCCQ 20053

Protection de la jeunesse — 1811327 2018 QCCQ 20053 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-009151-186 DATE : July 25, 2018 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE FRANCINE GENDRON J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her capacity as person authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and X , born on [...], 2016 Child–respondent and A Mother-respondent and B Father-respondent ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 guilty of 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 (the Director) is asking the Court to declare that the security and development of the child X are in danger for the following reasons: neglect on the educational level, psychological ill-treatment and serious risk of physical abuse. [ 2 ] The Court proceeded jointly in the file of his sister, Y, born on [...], 2014. [ 3 ] The Director essentially recommends that the children be entrusted to their mother, that the contacts between the children and their father be following agreement between the parties and in the presence of a third party chosen by their services and that the mother do not leave the children alone with the maternal grandmother, the whole for one year. [ 4 ] The mother recognizes the grounds of compromission, admits all the allegations of the application and is in agreement with the measures sought by the Director . [ 5 ] The father is absent from the hearing and duly signified.

The Court authorizes the Director to proceed in his absence. [ 6 ] On behalf of the children, the lawyer ignores all of the allegations of the application. After having read the evidence and heard the testimonies, she is in agreement with the measures sought by the Director.

Context [ 7 ] The children lived with their parents from birth to January 2018, when the prohibition of contacts has been issued due to the threats from the father to the children and the mother. [ 8 ] On December 2017, the father stated to the mother that she has to come and get the children, as he was overwhelmed with their crisis. [ 9 ] The father texted the mother stating that he will kill X so he can sleep.

He explained that he will put a knife down X’s throat, down his fat stomach. [ 10 ] Since then, the children are living with their mother. [ 11 ] The parents are involved in a dynamic of conjugal violence. Y and X have been witnesses to episodes of domestic violence. Y has flashbacks of physical abuse from the father to the mother. [ 12 ] The maternal grandmother has yelled at them on different occasions and she has been physically violent with Y.

She also been physically and psychologically violent with the mother. [ 13 ] In March and November 2017, the children witnessed the grandmother hit the mother, tried to strangle her or to throw her down the stairs. [ 14 ] Y is diagnosed with scoliosis thus X could wake-up at night and screams for an hour. [ 15 ] On February 13 th , 2018, parents signed voluntary measures agreement, namely that they be entrusted to their mother and that the contacts between the children and their father be supervised. [ 16 ] Since May 23 rd , the father is no longer implicated nor does he has any contacts with the children. [ 17 ] The mother wants to work but struggles to keep her jobs while she is not able to find daycare for the children. [ 18 ] The mother started a personal follow-up for herself at the CLSC.

She takes an active

part in the application of the measures. [ 19 ] To this date, the father doesn’t show up to the Director’s follow-up. The caseworker tried to reach him on several occasions, but only find him on June 18 th , at the paternal grandmother. [ 20 ] The father did not benefit from a follow-up in relation to anger management. [ 21 ] The father says that he wants to resume the contacts with the children, but yet does not act accordingly to his speech.

During the supervised contacts, the father showed parental skills. [ 22 ] The mother wishes for the children to have contacts with their father. [ 23 ] The Court agrees with the Director’s clinical analysis : The mother and the father need to provide a safe and secure environment to Y and X. They need to have the certainty that, regardless of their behaviours, their parents’ response will be adequate and free of violence. To do so, the parents will have to address their conflictual relationship and the violence present in his family.

The father needs to assume his parental respondibilities and woek on his anger issues. The mother needs to make choices concerning the children’s security by not tolerating violent behavior. He has to recreate a bond with X and keep the one he has with Y. Both of the parents recognize the problems in the family. The mother shows capacity and motivation to change her situation. The father also has to inquire about his children, to take an active

part in the follow-up with the DYP and to respect his engagements.

We believe that the father has the capacity to change but has to be motivated to engage himself in a process to address his anger issue. [ 24 ] For the protection of the children, the Court concluded that the children have to be entrusted to their mother, ordered that the contacts with the father be supervised and ordered to the mother no to leave them alone with their maternal grandmother. [ 25 ] After receiving the admissions, and after considering the reports produced, the testimony heard and the children’s interest, the Court believes that the situation adduced in evidence gives rise to protective measures.

FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the present application; [ 27 ] DECLARES that the security and the development of the children X and Y are in danger for the following reasons : • neglect on the educational level; • psychological ill-treatment; • serious risk of physical abuse; [ 28 ] ORDERS that the children X and Y be entrusted to their mother;

[ 29 ] ORDERS that the contacts between the children X and Y and their father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 30 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end at the situation in which the security or development of the children is in danger; [ 31 ] ORDERS that the parents take an active

part in the measures ordered, namely that they participate into the intervention plan; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 33 ] ORDERS to the mother not to leave the children alone with their maternal grandmother; [ 34 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection A for the execution of the present judgment; [ 35 ] THE WHOLE , for a period of one (1) year. Signed on July 31 st , 2018 __________________________________ Francine Gendron, J.C.Q. Mrs.

Bianca Monette Stagiaire for the DYP Mtre Andréa Ruel Attorney for the children Mtre Alissa Provost Attorney for the mother Date of hearing : July 25th, 2018