2018 QCCQ 14819, 2018 QCCQ 14819

Protection de la jeunesse — 185044 2018 QCCQ 14819 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 610-41-000730-176, 610-41-000731-174, 610-41-000729-178, 610-41-00727-172, 610-41-000728-170 DATE : July 11, 2018 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...]; Applicant -and- X, Y, Z, A, and B, residing at [...]; Children -and- C, domiciled and residing at [...]; Mother -and- D, residing at the Detention Centre in Town A, district A; Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 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 ] On March 30, 2017, the honourable Marie-Claude Bélanger, J.C.Q., rendered a decision in the situation of X, born on [...], 2016, Y, born on [...], 2016, Z, born on [...], 2015, A, born on [...], 2012, and B, born on [...], 2013, declaring that the security and development of the children were endangered and implementing a draft agreement by which the children were entrusted to the parents, but additional protective measures were put in place in order to restore the situation.

Since then, the conflictual situation involving conjugal violence between the parents has escalated. Thus, the Director of Youth Protection files a motion under

section 95 (par. 1 and 2) of the Youth Protection Act , asking this Court to entrust the children to the mother at the exclusion of the father for a period of six months. [ 2 ] On the date of the hearing, the children were absent due to their young age, but represented. All other parties were present and represented. [ 3 ] The father admits all the allegations of the petition and agrees with the measures set forth by the Director of Youth Protection. [ 4 ] The mother also admits all the allegations and agrees that her daughter be entrusted to her, at the exclusion of the father.

SITUATION OF THE CHILD [ 5 ] Until the beginning of September 2017, the family situation was stable; no events of conjugal violence between the parents have been reported to the Director of Youth Protection. [ 6 ] From the beginning of September 2017, things changed. [ 7 ] On September 8, while the parents were having an argument, the mother called the police because she was afraid of the father. [ 8 ] When the police arrived, the father had left the family domicile; there was no complaint filed against the father following that

event. [ 9 ] On October 3, once again, the mother called the police after the father threw a pack of beer at her; the mother did not file a complaint against the father following that event. [ 10 ] On October 29, once again, the police had to intervene due to a conflict between the parents. [ 11 ] More precisely, while he was babysitting the children, the grandfather called the police when the parents came back home intoxicated and arguing. [ 12 ] During that argument, the father hit the mother’s head and also hit the maternal grandfather who was trying to separate the parents. [ 13 ] Following that event, the maternal grandfather filed a complaint against the father; the mother did not. [ 14 ] The father was arrested the same day (October 29) and is detained since then. [ 15 ] The father must appear in Court on December 11. [ 16 ] The three times the police was called (September 8, October 3 and 29), the children were present.

ANALYSIS [ 17 ] The father has a substance abuse problem such as drugs and alcohol. The father sought all the services for his addiction problems but never followed through. He admits having anger management problems and when under the influence of speed and/or alcohol, he becomes more aggressive and physically violent towards the mother. He even insulted the maternal grandmother and a maternal aunt. [ 18 ] When the parents are having arguments either, the children are present or awaken when asleep. This situation has been going on for many years.

Recently, the father was arrested and detained. [ 19 ] The mother doesn’t press charges against the father, and if she does, she removes it, as she needs help at home with the children. [ 20 ] When the father senses that the tension is high, he goes to his mother’s place. The mother then calls the father for him to come back home. The mother acknowledges these behaviors and admits that she tends to provoke the father when she is frustrated with him. [ 21 ] Both parents are aware that all this fighting has an impact on the children.

Both parents have parental skills but need to be supported sometimes [ 22 ] The family is significantly conflicted. The mother receives the daily support of her parents, especially Mr. E, and the father, the support of his mother. [ 23 ] The collaboration of the parents is on and off. They should follow the recommendations of the Director of Youth Protection to resolve their personal problems and their problems as a couple.

FOR THESE MOTIVES, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES the security and development of the children still in danger; [ 26 ] ORDERS that the children be entrusted to the mother, with the exclusion of the father, for a period of 6 months, with the possibility of removing the exclusion by the Director of Youth Protection if the situation allows it; [ 27 ] ORDERS that the contacts with the father be determined by the Director of Youth Protection as for frequency and modalities, under the supervision of a third party as long as judged necessary by the Director of Youth Protection.

The choice of the third party has to be approved by the Director of Youth Protection; [ 28 ] ORDERS that the parents participate in couples’ counselling for as long as deemed necessary by the professional; [ 29 ] ORDERS that the mother seek services in order to find appropriate ways to cope with her personal situation (grief, anger management, consumption) and follow the recommendations of the professional(

s) for as long as deemed necessary; [ 30 ] ORDERS that the father seek services in order to find appropriate ways to cope with his personal situation (anger management, consumption) and follow the recommendations of the professionals for as long as deemed necessary; [ 31 ] ORDERS that the parents actively participate in finding solutions and implementing them (such as teem decision meeting); [ 32 ] ORDERS that aid, counsel and assistance be provided by the Director of Youth Protection to the family for a period of 12 months; [ 33 ] ORDERS that the parents authorize the exchange of information between the professionals involved with the family;

[ 34 ] ORDERS for A that the parents receive support from a person of their choice, approved by the Director of Youth Protection, in regards to the child’s school situation (getting ready in the morning, attendance, homework); [ 35 ] ORDERS any police body to collaborates for the purpose of executing this enactment; [ 36 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ MARC E. GRIMARD, J.C.Q.

M e Julie Lemire Counsel for the applicant M e Jean-François Lacasse Counsel for the child M e Catherine Dionne-Marcotte Counsel for the mother M e Daniel Ouellette Counsel for the father Date of hearing: February 19, 2018