2018 QCCQ 14221, 2018 QCCQ 14221

Protection de la jeunesse — 184654 JB 2721 2018 QCCQ 14221 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000295-184 DATE: June 21, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A Plaintiff and X Child and C D In their capacity as parents ______________________________________________________________________ JUDGMENT (Section 38, 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 ] During December 2017, January 2018, the Director of Youth Protection (the Director) retained the reports. [ 2 ] On February 8, the parents received the visit of the social worker and they were both drinking.

The children were not there and the parents agreed that the children would sleep at the maternal grandmother’s that night. [ 3 ] On February 10 th , Y was accused of having marijuana with her at school. [ 4 ] That evening the father took an axe and went over to a school staff’s home and threatened him with it. [ 5 ] On February 18, the mother was extremely upset and smashed the grandmother’s windshield of her vehicle. She was about to smash the tires but Z intervened. Z also declared that her father assaulted her. [ 6 ] On February 26, a family council meeting was to be held in Town A.

This was the third (3 rd ) attempt at this meeting.

[ 7 ] When the social worker arrived, the mother was at the medical clinic waiting for the ambulance. A P-38 was applied by info- social. The toxicology report revealed drugs. [ 8 ] The children were all entrusted to the maternal grandmother; at that point none of them wanted to go home. [ 9 ] Immediate protective measures were taken as the father was nowhere to be found. [ 10 ] The mother was hospitalized several times for suicidal ideation. [ 11 ] The Director has done evaluations within the family for different motives but this is the first intervention that the situation is compromised.

Because of certain tensions within the community based on a murder that happened 18 years ago, the parents are on opposite poles. [ 12 ] The alcohol consumption of the parents has increased over the months and has brought more violence and conflicts. [ 13 ] Both maternal and paternal sides of the family want to help this couple but most people are scared of the mother because she lashes out at everyone. [ 14 ] The parents have four (4) children: Z, 16 years old, Y, 11 years old, A, 8 years old and X, 4 years old.

Z also has a child, B, 9 months old. [ 15 ] These parents love their children but drugs and alcohol have taken over their lives. [ 16 ] When the parents are sober and get along they have good parental abilities and care for their children. [ 17 ] Y has a tendency to try and take care of her mother by cleaning up when she is sick from alcohol and running for help when there is fighting in the home. [ 18 ] The children have taken on parental roles because of the issues with the parents. All children get along well except Y who finds her relationship with her sister Z difficult. [ 19 ] X is only 4 years old.

He is considered extremely vulnerable based on his age because he depends on his caregivers to respond to his basic needs.

He is an active 4 years old child and likes to play and run around just like most children his age. [ 20 ] The parents need to understand the impact that their behaviour has had on X and the other children. [ 21 ] The need to retake their roles as parents and regain their family unit. [ 22 ] X and the other children need their parents to be healthy and to teach them their traditions and values. [ 23 ] The children need to be in a safe environment, free of consumption and of violence. [ 24 ] Considering evidence in the best interest of the child, THEREFORE THE COURT : [ 25 ] GRANTS the motion; [ 26 ] DECLARES that the security or the development of the child is in danger according to

Section 38 b) 2e,

c) and

e) of the Youth Protection Act ; [ 27 ] ENTRUSTS the child, X, to the grandmother, E, for a periode of six (6) months; [ 28 ] ORDERS that the visits between the child and the parents be upon an agreement between the parties, if no agreement, ORDERS that the visits be supervised; [ 29 ] ORDERS to the parents to take an active

part in the redaction and application of the measures designed to put an end to the situation which the security and development of the child is in danger; [ 30 ] ORDERS that the child receive all care needed; [ 31 ] RECOMMENDS to the parents to follow-up for consumption issues; [ 32 ] RECOMMENDS to the parents to follow-up for violence issues; [ 33 ] RECOMMENDS to the mother to follow-up for personal issues; [ 34 ] ORDERS that a person working for [Body A] provide aid, counseling and assistance to the child and the family for a period of six (6) months; [ 35 ] ENTRUSTS the situation of the child, X to the Director of Youth Protection who shall then see that the measures are carried out; [ 36 ] ORDERS the execution of the present judgment by any peace officer.

__________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Annie-Claude Pagé Counsel for the child Mtre. Andrea Caron Counsel for the mother Mtre. Louis-André Hubert Counsel for the father Date of hearing: June 21, 2018