2020 QCCQ 7398, 2020 QCCQ 7398

Protection de la jeunesse — 203335 2020 QCCQ 7398 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 750-41-003321-209 DATE: May 6 th , 2020 ______________________________________________________________________ BY THE HONOURABLE ANNICK BERGERON, J.C.Q. ______________________________________________________________________ X Born: [...], 2019 Child ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant and A and B Parents ______________________________________________________________________ JUDGMENT (section 38 YPA) ______________________________________________________________________ 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 ] Y is a 30-month-old little girl. Her younger sister X was born last November. She is five month old. Y was born in [Country A]. The mother is [Origin A] and the father is originally from [Country B], but has lived in different countries. The parents met in [Country A] and immigrated to Canada about a year ago.

They live in a well-equipped apartment in Town A. [ 2 ] The children live with their parents since they were born with the exception of a short period last month during which they were entrusted to their father to allow their mother to receive care for her mental health. The mother went to the hospital to undergo a psychiatric assessment. There were some language issues since she only speaks and understands [Language A]. She was released with medication to take on a regular basis.

The assessment will continue from external services with the team from psychiatry. [ 3 ] The Director of Youth Protection (the Director) is alleging a situation of psychological-ill treatment concerning the conflicts between the parents, and a situation of neglect. The Director is following-up with the family following voluntary measures signed in December. At the time, the situation was a serious risk of neglect.

Despite the follow-up by many professionals, the situation has deteriorated to neglect on education and physical level further to an assessment dated March 25. [ 4 ] The lack of improvement was worrisome for the caseworker and other professionals who went to the family home every day. Therefore, on April 6, the Director asked the Court to entrust the children in foster care.

After a contested debate, the Court accepted the project presented by the parents, which was to entrust both children to their father while the mother would go to the hospital to assess her mental state. [ 5 ] A month later, their situation has improved. The apartment is clean, the mother is taking medication and the father has sought help from another [Origin B] family, the [family C], who were incredibly generous by supporting the family very closely.

The Director acknowledges the improvement by recommending that the children be entrusted to their parents with a follow-up and recommendation that the mother continue her psychiatric assessment. [ 6 ] The parents admit the situation of psychological ill-treatment and neglect. They are relieved by the Director’s recommendations and accept to get some help. They recognized that they were reluctant to follow recommendations in the past, but now

understand that it is for their children’s best interest. [ 7 ] The attorney representing the children agrees with the suggestions considering the admissions made by the parents and the improvement shown. [ 8 ] At the hearing, the parents undertook to follow recommendations to ensure that both children’s needs are met with regard to their development and security. They need to keep a clean environment, make sure the children are supervised and safe and provide an appropriate routine for their two daughters. [ 9 ] The children would benefit from the parents improving their communication.

They also need to make sure that the children are not witnessing their fights. The situation earlier was critical. The father would seek asylum in the bathroom to avoid the mother. At one point, he even left the home and rented a room for a few months to avoid fighting. The educator who went home on a regular basis also notices important security issues. The children’s needs were not the priority and the parents did not apply the advice given. [ 10 ] The caseworker has to use a translator to communicate with the mother since she speaks only [Language A].

The father speaks and understands [Language A], but not perfectly. An [Language B] interpreter is then required to translate for him also. The father understands and speak English, but the mother does not. [ 11 ] The family undertook to continue the services from the SIPPE program and la Maison A. The family C intends to continue their support. The family will also benefit from the follow-up by the youth protection educator that will continue. [ 12 ] The father is a resourceful and bright man. The mother is sensitive and loving. They both want the best for their children.

During the last year, they had to adjust to a new country. They had another baby (X), while having conjugal difficulties. The mother has mental health issues for which she did not receive any help until recently. Their personal and conjugal difficulties had consequences on their children who lacked basics needs, most particularly with their stimulation, safety and hygiene.

The parents understood the seriousness of the situation and are now mobilized to maintain their efforts. [ 13 ] In conclusion, the Court declares that the security or the development of the children is endangered for the reasons alleged by the Director. The suggested measures are adequate to put an end to the situation of endangerment. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the present application; [ 15 ] DECLARES that the security and the development of the child X are in danger for the following reasons: • 38b)1)

i) and 38b)1)iii): neglect on basic physical needs and on educational level; • 38c): psychological ill-treatment; [ 16 ] ORDERS that the child be entrusted to her parents; [ 17 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and her family; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 20 ] THE WHOLE for a period of six months. __________________________________ ANNICK BERGERON, J.C.Q. M e Marie-Ève Garceau Attorney for the Applicant M e Bertrand Bergeron Attorney for the father Me Maryse Beauregard Attorney for the mother M e Marc-André Leblanc Attorney for the children

Audition date: May 6 th , 2020 Signature date: May 27 th , 2020