2020 QCCQ 12761, 2020 QCCQ 12761

Protection de la jeunesse — 209330 2020 QCCQ 12761 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001041-208 DATE: August 6, 2020 (written judgment rendered on August 19, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A (Quebec) Applicant and A, residing and domiciled at […], in Town A, district A (Quebec) Mother and B , residing and domiciled at […], in Town A, district A (Quebec) Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 X, born on [...], 2019, are endangered under paragraphs (b) (2), (c), (e) (1) and (e) (2) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that the child be entrusted to a foster family, that this foster family remain confidential and asks that the child be entrusted as soon as possible under his paternal aunt, Ms. C, the whole until August 31, 2021. Position of the parties [ 3 ] The mother is present and represented by Me Laoun. She admits all the paragraphs of the application and recognizes the situation of endangerment. The mother would like her son to be entrusted under the maternal grandmother’s care, but also agrees that he be entrusted under Ms. C, the paternal aunt.

She asks that the child be reintegrated under her care as soon as possible. [ 4 ] The father is present and represented by Me Grey. He admits all the paragraphs of the application and recognizes the situation of endangerment. He agrees with the recommended measures. [ 5 ] The child who is 9 months old, is represented by Me Synnett. After hearing the evidence, Me Synnett submits to the Court that the situation of the child is endangered and suggests granting the recommended measures, but for a period of nine months instead of one year with a minimal regime of contacts of once every two weeks.

Facts [ 6 ] Both parents recognized that they have an alcohol consumption issues and that their relationship is punctuated by numerous conflicts since at least 11 years. [ 7 ] On June 11, 2019, another violent conjugal event occurred between them while they were highly intoxicated. The father was beating the mother since the morning, and she was very injured. During the evening, she took X in her arm to try to protect herself thinking that the father would not be violent toward the child. Unfortunately, the child was punched and he had difficulty to breathe. [ 8 ] X was 8 months old at that time.

The mother brought him outside the house, and he finished breathing normally. The police had to intervene, but the mother refused to press charges.

[ 9 ] The day after, the parents signed a provisional agreement and agreed that the child be entrusted to the mother to the exclusion of the father. As soon as June 26, 2020, the parents resumed their relationship and the baby was with them. [ 10 ] Considering the lack of collaboration on the parent’s side the DYP took an immediate protective measure and entrusted the child to a foster family. On June 30, 2020, the Court rendered a provisional measure and maintained the child to a foster family. [ 11 ] The child was placed in a foster family in Town B.

As the parents live in Town A, they have to travel to see their child. Since the beginning of the placement, they took advantage of each opportunity to see their son. The contacts are supervised by the DYP. The parents are always adequate with their son and demonstrate a lot of affection.

X is adapting very well to his foster family. [ 12 ] The DYP asks that the name and address of the foster family remain confidential, because since the beginning of the placement, the child was moved a few times because the parents were harassing toward the resources. [ 13 ] In a near future, the DYP hope to be able to entrust the child to his paternal aunt, Ms. C. Ms. C had surgery recently and need time to recover. Ms. C is willing to have the child under her care and will call the DYP as soon as she is able to assume this respon- sibility.

She is also living in Town B, so the parents will have to travel to see their son. [ 14 ] According to the DYP worker, the reintegration at the parents could be possible only when they will have taken serious steps to address their alcohol consumption and conjugal violence issues. Also, the mother will have to press charges against the father regarding the past event, demonstrate that she is able to maintain her statement and that she does not hesitate to press other charges if other violent gestures occur.

Finally, the father needs to recognize his anger management issues and work on it. [ 15 ] The mother recognized that she always refused the help suggested by the DYP such as a follow-up with the Social Services and a therapy centre. Since then, she said having thought about that and being open to address her issues and to follow the recommendations. Analysis [ 16 ] As everyone recognized, the facts are serious enough to constitute a situation of endangerment for the child X. The Court has no hesitation to declare that he is endangered under

section (b) (2), (c), (e) (1) and (e) (2) of

section 38 YPA. [ 17 ] The parents live in a violent relationship for more than 11 years. The mother is suffering from this violence for many years and while X was with his parents, he was suffering too. [ 18 ] Considering the mother has difficulty to defend herself, how such a young child could defend himself? The situation is very serious and it has to be addressed very seriously. [ 19 ] A positive aspect is the fact that both parents recognize the situation.

This recognizance is recent but it is the first step needed to be able to resolve the issue. [ 20 ] On another side, it is not enough to tell the Court that we recognize the issues. It is necessary to take immediately concrete steps to address the issues. [ 21 ] At the hearing, the parents were informed about the maximum delay of placement set out by the law. They have to understand that after a certain period of time, if nothing changes seriously enough, the Court will have no other choice than to entrust their child on a permanent basis.

Before the Court has to take such a difficult decision, the parents have to take concrete steps immediately. [ 22 ] The Court invited the mother to seriously think about entrusting a mother and child program. The Court knows how it could be difficult to go out of the community, but during that time, the mother would be safe, be with her son and address her issues. [ 23 ] It is also important to remind that it would be utopian to think that the parent’s pattern could change in a few weeks. The energy to address their issues will have to be proportional to the intensity of the issue.

FOR THOSE REASONS, THE COURT: [ 24 ] GRANTS the application; [ 25 ] ORDERS the Director of Youth Protection to file the birth certificate of the child upon reception from the Director of Civil Status; [ 26 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (2), (c), (e) (1) and (e) (2) of

section 38 of the Youth Protection Act ; [ 27 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 28 ] ORDERS that the name and address of the foster family remain confidential; [ 29 ] ORDERS that the child be entrusted as soon as possible to his paternal aunt, Ms. C; [ 30 ] ENTRUSTS the child under the mother’s care if she attends a Mother and child therapy program for her addiction issues; [ 31 ] ORDERS that the child be entrusted back to a foster family or to Ms.

C if the mother leaves the therapy centre prematurely; [ 32 ] AUTHORIZES a reintegration with the mother exclusively, as soon as the situation allows it; [ 33 ] ORDERS that the parents periodically report 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 in which the security and development of the child are endangered; [ 34 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 36 ] RECOMMENDS that the parents seek help through the Social Services or any other services deemed appropriate for their personal issues (alcohol and violence issues); [ 37 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents are determined by the Director of Youth Protection with a minimal frequency of once every two weeks to create and maintain the bonds between the child and the parents; [ 38 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the family, the foster family and Ms.

C; [ 39 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the A C.Y.P.C. who shall then see that the measures are carried out; [ 40 ] ORDERS the execution of the present decision by any peace officer; [ 41 ] THE WHOLE until May 30, 2021. __________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Kelly Ann Sinnett, attorney for the child Me Eve Laoun, attorney for the mother Me Alexander Grey, attorney for the father Date of hearing: August 6, 2020