2020 QCCQ 7293, 2020 QCCQ 7293

Protection de la jeunesse — 206124 2020 QCCQ 7293 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001055-208 DATE: August 24 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2020 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. 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 that the security and development of the child, X. [ 2 ] The Court proceeds through visioconference on August 24 th 2020. [ 3 ] The mother, assisted by her lawyer, admits all of the alleged facts. She agrees with the suggested measures. She would like that the reintegration of the child with her and the father take place within the next 60 days should the situation allow it. [ 4 ] The mother says that she now wants to live in her community.

She had told the social worker that she wanted to leave. [ 5 ] The father admits part of the alleged facts. He agrees with the proposed measures but thinks that the timeframe proposed for the placement of the child is too long. [ 6 ] The child will be four months this week. She is a very small vulnerable baby. [ 7 ] On June 30 th 2020, the mother was mad at the father.

She tried to run him over with a mother vehicle while he was holding the baby. [ 8 ] The baby was then entrusted to a maternal aunt, Ms C. [ 9 ] The mother said that she was overwhelmed with her task of taking care of the baby, as, in her point of view, the father was not helping her. This is how she explained the reasons why she got frustrated and mad against the father. [ 10 ] The social worker underlines that the main objective is for the parents to get their child back. [ 11 ] Both parents first need to address their personal issues and to seek help.

They also need to demonstrate stability in their caring for the child and regarding their willingness to be reunited again.

[ 12 ] The parents are back together only since the last three weeks. They had previously formed a couple for two years. [ 13 ] They were allowed a visit of an hour separately with the child every two days. These visits went well but they only started two weeks and a half ago for the father and one month ago for the mother. [ 14 ] The father testified before the Court. He expresses himself very well and is aware of his personal situation and that of the situation with the mother. [ 15 ] He says that he will now have better communications with the mother in order to solve their disagreements and frustrations.

They will no longer try to avoid problems by remaining silent. [ 16 ] The Court considers the child’s very young age and her need to create or to install an attachment bond with her parents as soon as possible. [ 17 ] This can be done if the parents offer stability and a reasonable degree of involvement in their child’s life. [ 18 ] Not long ago, the father said that he wanted the child to be adopted. The mother, overwhelmed with the whole situation, wanted to leave the community. [ 19 ] The parents need to show very rapidly that they can care for their child and that they want to be involved.

FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child, X, are in danger for the following motives: • 38 e) 1): physical abuse (by the mother) • 38 b) 2): serious risk of neglect (instability of the parents) [ 22 ] ORDERS that the child be entrusted to Ms C; [ 23 ] ORDERS that the child be reintegrated with the parents as soon as the situation allows for it; [ 24 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation of compromission; [ 26 ] ORDERS that the parents take an active

part in the application of the measures; [ 27 ] ORDERS that the parents abstain from any violent behavior in the presence of the child; [ 28 ] ORDERS that the parents seek help through social services for their parental skills and personal issues; [ 29 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 30 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 31 ] ORDERS the police to collaborate to the execution of the enactment; [ 32 ] THE WHOLE until March 19 th 2021. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Genevieve Apollon, Attorney for the applicant Mtre David Boudreau, Attorney for the child Me Alexander Grey, Attorney for the mother Me Eve Laoun, Attorney for the father