2020 QCCQ 13303, 2020 QCCQ 13303

Protection de la jeunesse — 208219 2020 QCCQ 13303 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 640-41-002447-206 640-41-002448-204 DATE : July 8, 2020 PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. IN THE SITUATION OF: X Born on [...], 2020 Y Born on [...], 2013 Children and [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A, working in [...] Applicant and A Mother B Father of X and Interested party in Y JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.).

INTRODUCTION [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on July 8, 2020. [ 2 ] The Court is seized of two application presented by the Director of youth protection (DYP), requesting that the decision rendered on May 27, 2020, be revised and that security and development of the children be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster family, as well as other measures to resolve the situation.

QUESTION IN LITIGATION [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? CONTEXT AND ANALYSIS [ 5 ] The mother and M. B agree with the recommendations. The mother agrees as long as the children are under the care of Ms. C.

They have almost the same position on the allegations of the applications. [ 6 ] In May 27, 2020, security and development of the children were declared compromised for neglect in terms of educational needs and for psychological ill-treatment, according to sections 38 b)1)iii and

c) of the Youth Protection Act and they remained under their parent’s care. [ 7 ] The proof reveals that the mother and M. B display alcohol consumption issues and as for the conjugal situation it is unclear because the mother denies the fact that they still are living together and the father admits it. [ 8 ] On the night between May 27 and 28 2020, the mother stabbed and severely beat M. B. [ 9 ] They do not collaborate with DYP and M.

B did not press charges against the mother. [ 10 ] On June 1 st , 2020, following an emergency hearing, the children were placed under foster care. [ 11 ] Y is a six years old child and X is five months old. They are entrusted to their maternal grandmother. [ 12 ] Due to their age, they depends on the adults who have to ensure their needs. [ 13 ] Both children need to develop in a safe and violence free environment and they should not be exposed to intoxicated people and conjugal violence. [ 14 ] The mother and M. B demonstrated great parental skills when sober.

So they have to work on it if they want the children to come back with them. [ 15 ] The foster mother noticed no change in the behaviour of the children since their placement as they are used to be at her place. [ 16 ] Neither M.

B nor mother undertake concrete steps to address their personal issues. [ 17 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motions; [ 19 ] DECLARES that security and development of the children are still in danger; [ 20 ] ENTRUSTS the children to a foster family chosen by the institution operating a child and youth protection center; [ 21 ] TAKES JUDICIAL NOTICE of the fact that they will be entrusted to the care of Ms. C; [ 22 ] ORDERS that contacts between the children and their mother and M. B be determined by the DYP as for the modalities, the frequency and the degree of supervision; [ 23 ] ORDERS the mother and M.

B to report periodically to the DYP on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and the development of the children is in danger; [ 24 ] ORDERS the mother and M. B to take an active

part in the application of the measures ordered by the tribunal; [ 25 ] ORDERS the mother and M. B to report in person, at regular intervals, to the director to inform her of the current situation; [ 26 ] ORDERS the mother and M. B to remain sober and without any violent behaviour in the presence of the children; [ 27 ] ORDERS the mother and M. B to seek help at the Social Services, concerning their alcohol, violence and personal issues;

[ 28 ] ORDERS that a person working for an institution or body provide help counselling and assistance to the children and their family; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall then see that the measures are carried out. THE WHOLE UNTIL APRIL 30, 2021. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Me Adèle Cyr Counsel for the Director of Youth Protection Me Cassandra Neptune Counsel for the children Me Angèle Tommasel Counsel for the mother Me Geneviève Lucas Counsel for the father