2020 QCCQ 9595, 2020 QCCQ 9595

Protection de la jeunesse — 201861 2020 QCCQ 9595 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 614-41-000533-200 DATE: February 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2014 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c.

P-34.1 ) ______________________________________________________________________ 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 submits an application asking the Court to declare that the security and development of X, 5 years old, are endangered because of the lack of supervision, the serious risk of neglect and psychological ill-treatment (

Section 38 b) (1) iii), b) (2) and

c) of the Youth Protection Act ). [ 2 ] At the hearing, the mother is present and represented by Mtre. Serge Fleury, the father, also present, is represented by Mtre. Yan Massé and Mtre. Marie-Josée Ayoub acts on behalf of the child. Mtre. Magdalena Lempicka represents the applicant. [ 3 ] Both parents are of the opinion that the security and the development of the child must be declared endangered, admitting a lot of the allegations of the application.

They are also in agreement with the recommendations of the Director to entrust the child to the father and to offer help for a six-month period. [ 4 ] The evidence reveals that incidents of violence occurred between the mother and her boyfriend, Mr. C, father of X’s young sister. [ 5 ] On June 11, 2019, an incident occurred while the child was at home. Mr. C was arrested for the assault and the child was brought to spend the night with a family member. [ 6 ] On December 6, 2019, the parents signed an agreement on voluntary measures for a period of one year.

The child was maintained with the mother who agreed to refrain from alcohol consumption when in presence of the child and to seek help for her personal issues. However, on December 29, 2019, she went out drinking and partying. [ 7 ] On January 8, 2020, there were people at the mother’s place who were under the influence of alcohol. She was waiting for her boyfriend to come back home, stating that she was going to go out drinking later that evening. [ 8 ] The day after, the mother and her friends were still at home, intoxicated. Mr. C, the mother’s boyfriend, was sober.

At that time, the child was not at home. [ 9 ] The next day, on January 10, a new report was made to the Director of Youth Protection stating that the child was back home and that there was ongoing drinking. The mother was intoxicated and told the Emergency Worker that she was high on cocaine. Her boyfriend was sober. The child was sleeping in the living room when the Emergency Worker arrived on the premises. The child was

then removed and entrusted to her father under immediate protective measures. [ 10 ] It appears that the relationship between the mother and her boyfriend is unstable. Issues of violence must be addressed. [ 11 ] On January 17, 2020, provisional measures were ordered by the Court of Québec entrusting the child to the care of the father. [ 12 ] Both parents testified. The mother states that she is willing to attend therapy and to seek help to improve her marital relationship with Mr. C. [ 13 ] The father is happy to have X at his place.

He said that before October 2019, it was difficult for him to exercise his access rights because the mother gave him a hard time to do so. From October 2019 to January 2020, the parents shared custody of the child. [ 14 ] The father would like to have a shared custody in the future, two months each. The Tribunal stressed out the fact that the child is going to school and it would be detrimental to her to change schools every two months. This request from the father shows that he must be made aware of the needs of the child in order not to put his needs in priority.

The father acknowledges the fact that it would be difficult for the child and stated that it could be one year each. [ 15 ] The parents informed the Court that the child was transported from Town A, where the father lives, to Town B, where the mother lives, for a visitation right, by a taxi. The child did not know the driver and was scared. On top of that, she arrived in Town B at 2 a.m. This situation is not acceptable.

The child must be escorted by someone she knows and transportation must be done at reasonable hours. [ 16 ] The Court has preponderant evidence that the security and the development of the child are endangered for the motives alleged by the Director of Youth Protection and that the recommendations made and agreed upon by the parents are in the best interest of the child. FOR THESE MOTIVES, THE COURT; [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development X, born on [...], 2014, are endangered pursuant to

section 38 b) (1) iii), b) (2) and

c) of the Youth Protection Act ; [ 19 ] ENTRUSTS the child to the care of her father; [ 20 ] ORDERS that access rights be encouraged, the frequency and modalities to be monitored by the Director of Youth Protection; [ 21 ] ORDERS that the child be escorted between Town A and Town B for such access rights by a person she knows and that the travelling take place at reasonable hours; [ 22 ] RECOMMENDS that the mother seek help to resolve her alcohol and drug consumption issues, namely to participate in a treatment program and to follow the recommendations of the professionals of this program; [ 23 ] ORDERS the mother to participate in grief counselling; [ 24 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 25 ] ORDERS that the parents be and remain sober in the presence of the child; [ 26 ] ORDERS the parents to ensure that the child is not exposed to any individual under influence of intoxicating substances; [ 27 ] ORDERS that aid, counselling and assistance be provided to the child and the family for a period of 6 months; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town C on April 2, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Marie-Josée Ayoub Ayoub Avocats inc – Town D

Attorney for the child Mtre. Serge Fleury Serge Fleury, Avocat – Town E Attorney for the mother Mtre. Yan Massé Centre juridique communautaire A – Town F Attorney for the father Date of hearing: February 11, 2020