2018 QCCQ 18512, 2018 QCCQ 18512

Protection de la jeunesse — 188365 2018 QCCQ 18512 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 614-41-000345-183 DATE: October 4, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE MARC OUIMETTE J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection case worker, duly authorized by the Director of Youth Protection A Applicant and X , born on [...], 2018 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (

section 38 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication 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 filed a motion with the Court to declare the security and the development of X, born on [...], 2018, to be in danger pursuant to sections 38 ( b )1(iii), ( b )2 and (

c) of the Youth Protection Act . [1] [ 2 ] At the hearing, the mother and the father were present and were assisted by different counsel.

Considering the young age of the child, she was represented by counsel. [ 3 ] The parents admitted the following facts. [ 4 ] The parents have a history of abusing drugs and alcohol. [ 5 ] The relationship between the parents is unstable and punctuated with incidents of violence. [ 6 ] The mother exhibits aggressive behaviour and there are concerns about her mental health. [ 7 ] During her pregnancy, the mother missed prenatal care appointments and she was witnessed at the clinic being unable to control her anger. [ 8 ] The child was born premature and was sent to the hospital in City A for observation. [ 9 ] On May 3, 2018, the child was discharged from the hospital to the care of the parents and they returned to the community on May 4, 2018. [ 10 ] On May 8, 2018, there was a fight between the parents outside of the home. [ 11 ] The mother let her child sleep in the same room with her maternal uncle.

She asked that the child be removed from her care stating she could not do it alone. [ 12 ] On May 15, 2018, the father stated the mother had broken his rear car window and threw away the keys. The child was removed from the parents’ care and placed in a foster home under immediate protective measures. [ 13 ] The parents agreed on provisional measures that ended on June 15, 2018. That same day, the mother and the father were at the parental grandfather’s home around 4 a.m. and broke a window during an argument. [ 14 ] On May 17, 2018, the mother met the father at a party and took his shoes.

The father pushed the mother and she banged her

head on the cement. Police and an ambulance were called. The mother refused to press charges against the father. [ 15 ] The mother went to the women’s shelter in City B. The mother left the shelter for five (5) hours with the child without telling anyone of her whereabouts, and only returned at 9 p.m.

She also left to go to the clinic, but she did not return to the shelter after the appointment. [ 16 ] The mother missed her appointment with a psychiatrist for an assessment on June 1, 2018, and it was rescheduled. [ 17 ] On June 8, 2018, the caseworker went to the home of the parents and there was a strong smell of smoke. The home appeared very messy, there was broken glass on the floor and the furniture was flipped over. [ 18 ] The father said that the mother got very mad at him and destroyed the home. The police received a call for a couple’s dispute. [ 19 ] The mother has not contacted the caseworker since.

Security and development: [ 20 ] The parties agree that the security and development of the child are in danger according to sections 38( b )1(iii), ( b )2 and (

c) of the Youth Protection Act . [2] Measures: [ 21 ] The child and the mother’s counsel suggest a four (4) month placement instead of a six (6) placement. [ 22 ] The Director of Youth Protection caseworker suggests a placement of four (4) to six (6) months with a possibility of reintegration of the child with the parents, if the situation allows. [ 23 ] The parents know exactly what they have to do, if they want the care of X. They have to follow treatment for the substance abuse problem to avoid family violence.

FOR THE REASONS, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] DECLARES the security and development of the child to be in danger under sections 38 (b) 1 (iii) , (b) 2, and (c) ; [ 26 ] ORDERS that the child X remain in a foster home for a period of six (6) months with possible reintegration with the mother, if the situation allows; [ 27 ] RECOMMENDS that the mother, A, undergo a psychological assessment; [ 28 ] RECOMMENDS that the parents attend and successfully complete a substance abuse program for their consumption issues; [ 29 ] RECOMMENDS that the father follow a treatment for his alcohol addiction problem with the help of the A case worker; [ 30 ] ORDERS that the parents fully collaborate with the youth protection case worker and meet with the case worker upon request; [ 31 ] ORDERS that the frequency and terms of contact between the parents and the child be determined by the Director of Youth Protection and supervised by a third party approved by the Director until no longer necessary; [ 32 ] RECOMMENDS that the parents seek help for their personal issues related to violence and attend all required appointments; [ 33 ] ORDERS that the parents remain sober and ensure that there are no individuals under the influence of drugs or alcohol in the presence of the child; [ 34 ] ORDERS that the parents refrain from all forms of violence in the presence of the child; [ 35 ] ORDERS that the parents refrain from all mood-altering substances, unless prescribed by a doctor, in the presence of the child; [ 36 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working for the child and the family; [ 37 ] ORDERS that aid, counsel and assistance be provided to the child and the family for twelve (12) months; [ 38 ] RECOMMENDS that the parents register the child in the register of civil status of Quebec, with the collaboration of the Director of Youth Protection’s case worker; [ 39 ] ORDERS that the police cooperate in the execution of this judgment; [ 40 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out.

__________________________________ MARC OUIMETTE, J.C.Q. Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Counsel for the child Mtre. Marie-Josée Ayoub Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: September 6, 2018