2019 QCCQ 19562, 2019 QCCQ 19562

Protection de la jeunesse — 198003 2019 QCCQ 19562 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000618-196 DATE: October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2013 Child -and- A -and- B Parents ______________________________________________________________________ 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 security and development of the child is in danger according to sections 38b)1)ii), 38b)1)iii), 38c) et 38e)2 o of the Youth protection act because of serious risks of neglect, physical abuse and a psychosocial ill-treatment. His siblings are aimed by the same application. [ 2 ] At the hearing, the parents are present both only the mother is assisted by her lawyer.

Regarding the child, he is represented by a lawyer. It is agreed by all parties that the report be filed to value testimony of their authors. The sought conclusions are not contested. [ 3 ] The DYP is involved with this family following allegations from the children that their mother physically abuses them as well as neglect them, which the latter categorically denies. Following these reports, the DYP applied emergency measures to entrust the child to a foster family. Subsequently, these measures were extended and to this day, the child is still entrusted to this family.

This is not the first time the situation of this family is reported to the DYP for the same reasons. [ 4 ] The mother denies that she beats her children and neglects them. She says they invent these stories, because they do not want to follow the rules and structure at home. Still, she does demonstrate frequent signs of frustration and panics when a situation arises. She also experiences excesses of angers or sudden behaviour changes.

However, she admits being sometime overwhelmed with the behaviour of her eldest children and interference of his family and friends. [ 5 ] The mother started a follow-up with an educator but she is not consistent in her appointments. Once again, the mother says otherwise. Overall, it was hard to reach her and work on her issues. She is very emotional, crying all the time and demanding. The collaboration of the mother is mitigated. She says that she will implicate herself in services but she does not follow through.

She does not take any responsibility for her actions or lack of follow-up and tends to blame others. The condition of the mother is worrying, she exhibits behaviours that may suggest that she is not mentally stable. In fact, she shows signs of disorganization. [ 6 ] The mother has a close relationship with her son and she is attentive with him. But she still treats him like a baby. The children benefit from contact with their mother but this does not go very well.

The mother has a tendency to question the children and seems pressuring them to change their version of facts, in doing so the visits had to be supervised. Since then, the visits have gone accordingly well but with some concerns. [ 7 ] The child is 6 years old and his development is normal. It is his elder brother who takes care of him most of the time. Mainly, the oldest children have all the responsibility and the parental role for the youngest. He confides that his mother gets mad and she hit him

at least once. He shows a lot of maturity for his age. When he arrived in his foster family, he displayed nervousness during certain situations. The routine for bedtime was difficult. Today, he has adjusted to his foster family and no longer demonstrates problems, unlike when he arrived in this environment. [ 8 ] The father benefits contact with his children but he is not actively involved in the visits and has little contact. Even, if he is trying to work on his relationship with his children, he is not consistent. Basically, he comes and goes, disturbing the family.

He still does not have a fixed address. [ 9 ] For the time being, the mother nor the father are able to take care of the children neither to ensure a stable and above all a safe environment for them. On the next few months, the mother will have to put herself in action in order to have her children back but before doing so, she will have to rebuild her relationship with the children as well as their trust. [ 10 ] The evidence demonstrates that the security and development of the child is in danger.

Under the circumstances and considering the evidence, the admissions and the consent of the mother, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1)ii), 38b)1)iii), 38c) et 38e)2 o of the Youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on October 5, 2018; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the DYP until June 30, 2020; [ 15 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties; [ 16 ] ORDERS that the parents report periodically to the DYP on the measures she applies to them and the child to put an end to the situation of endangerment; [ 17 ] WITHDRAWS from the parents the exercise of attributes of parental authority regarding social, vacations and other outings in case of unjustified refusal or impossibility to reach then in due time and AUTHORIZES the DYP to sign in place of the parents; [ 18 ] RECOMMENDS the parents submit themselves to random screenings drug tests; [ 19 ] RECOMMENDS that the parents participate in addiction assessment and counselling if deemed necessary; [ 20 ] RECOMMENDS that the parents participate in and receive follow-up services, a psychology assessment, parental capacity and counselling; [ 21 ] RECOMMENDS that the mother participate in anger management; [ 22 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until June 30, 2020; [ 24 ] 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 Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother Mr. B

the father Written judgment filed on October 18, 2019.