2019 QCCQ 14917, 2019 QCCQ 14917

Protection de la jeunesse — 1911162 2019 QCCQ 14917 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-002522-190 DATE: August 27, 2019 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant and X, born on [...], 2019 Child and A , domiciled an residing at [...] Mother and B , domiciled and residing at [...] Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the 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 (DYP) submitted an application for protection regarding the situation of the child X, born on [...], 2019. [ 2 ] The parents admit most of the facts of the application and agree with the recommendation proposed in the social study report. [ 3 ] At the hearing, the mother was present and represented by a counsel.

The father was in custody, but his lawyer, Mtre Cathy Coulombe, stated the father’s position on his behalf. [ 4 ] The evidence and the admissions show that the father has struggled with drug and alcohol addiction for many years. According to the father, at the time of the hearing he had not consumed for few months.

He is presently incarcerated. [ 5 ] The parents have an unresolved history of neglect of their other children, who are placed with extended family. [ 6 ] Even though the mother has been sober for several years, except for a relapse in April, the Court is of the opinion that there is a risk of neglect considering the addictions of the father, the mother’s emotional dependency and the past history of neglect in the family. [ 7 ] The security and development must be declared in danger in regards to s. 38 ( b ) (2) of the Youth Protection Act ( Y.P.A. ) due to a serious risk of neglect. [ 8 ] On April 13, 2019, an incident of conjugal violence occurred between the parents.

The father pushed the mother several times and punched her in the face. According to the parents, this incident did not occur in front of the child. After the incident, an agreement was reached whereby the father agreed to leave the family residence and the mother agreed to stay with the child. [ 9 ] On May 15, 2019, a provisional agreement was signed by the parents. They accept that the child be entrusted to the mother, to the exclusion of the father, due to the conjugal dynamic. The parents can be together for visits with the child but must be supervised by a third party.

They cannot spend the night together if the child is present. [ 10 ] The father has a long criminal record for assault against the mother. He has served many sentences of imprisonment over the past year. He is currently in custody for such offences. [ 11 ] Considering the pattern of conjugal violence between the parents and the emotional dependency of the mother, the security and development of the child must be declared in danger under of s.38 (

c) of the Y.P.A. for psychological ill treatment due to the dynamic of conjugal violence, which exposes the child to family violence. THE APPLICABLE MEASURES

[ 12 ] The parents agree with all of the recommendations of the DYP, who suggests the following measures: − THAT the child be entrusted to the mother, excluding the father, due to the conjugal dynamic; − THAT the parents refrain from drug and alcohol consumption in the child’s presence; − THAT the child not be exposed to conflicts and conjugal violence between the parents; − THAT the father begin follow-up care for his personal problems (substance abuse, conjugal violence); − THAT the father undergo an assessment for substance abuse and follow the recommendations of the professional providing the services; − THAT the mother continue her follow-up care for her personal problems; − THAT the parents attend couples therapy; − THAT the parents not be left alone together with the child, except with the Director of youth protection’s permission; − THAT contact between the father and the child be determined with the Director of youth protection as to conditions, frequency and supervision, if necessary; − THAT the parents respect the calendar of contacts established with the Direction of youth protection; − THAT the parents actively participate in the follow-up and cooperate with Youth Protection Services; − THAT the professionals providing services to the family be authorized to transmit to the Director of youth protection information regarding attendance at follow-up care, the objectives to be achieved, cooperation and the respect of the recommendations; − THAT a person authorized by the Director of youth protection provide aid, counselling and assistance to the child and her family for a period of eighteen (18) months. [ 13 ] All these measures are necessary to protect the child and to put an end to the situation of endangerment. [ 14 ] The parents’ cooperation with Youth Protection Services is uneven.

The mother receives follow-up care from Ms. [social worker 2], a caseworker for women, at the [Health Center A]. As for the father, although he generally agrees to receive follow-up care, he does not respect his commitments. [ 15 ] They receive the support of the paternal grandparents and from the father’s sister. [ 16 ] Despite the support of the family and the DYP’s intervention with the other children, the parents are not diligent with the services.

They begin some follow-up services for their issues but do not complete the work, which would allow them to use the tools learned in their family life. [ 17 ] The exposure to conjugal violence is an important issue. The parents tend to prioritize their conjugal relationship even if it puts the child at risk and affects her development. [ 18 ] The Court is of the view that the mother must take steps to address her emotional dependency and develop her autonomy in order to be able to prioritize and care for her child.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES the security and development of the child X, born on [...], 2019, to be in danger pursuant to ss. 38 ( b ) (2) and (

c) of the YPA ; [ 21 ] ORDERS that the child be entrusted to the mother, to the exclusion of the father, because of the conjugal dynamic; [ 22 ] ORDERS that the parents refrain from drug and alcohol consumption in the child’s presence; [ 23 ] ORDERS that the child not be exposed to conflicts and conjugal violence between the parents; [ 24 ] RECOMMENDS that the father begin follow-up care for his personal problems (substance abuse, conjugal violence; [ 25 ] RECOMMENDS that the father undergo an assessment for substance abuse and follow the recommendations of the professional providing the services; [ 26 ] ORDERS that the mother continue her follow-up care for her personal problems; [ 27 ] ORDERS that the parents attend couples therapy; [ 28 ] ORDERS that the parents not be left alone together with the child, except with the DYP’s permission; [ 29 ] ORDERS that the contact between the father and the child be determined by the DYP as to the conditions, frequency and

supervision, if necessary; [ 30 ] ORDERS that the parents respect the calendar of contacts established with the DYP; [ 31 ] ORDERS that the parents actively participate in the follow-up and cooperate with Youth Protection Services; [ 32 ] TAKES NOTE of the mother’s consent that the professionals providing services to the family be authorized to transmit to the DYP information regarding attendance at follow-up care, the objectives to achieve, cooperation and the respect of recommendations; [ 33 ] ORDERS that a person authorized by the DYP provide aid, counselling and assistance to the child and her family for a period of 18 months; [ 34 ] ENTRUSTS the situation of the child to the DYP, who shall then see that the measures are carried out; Signed in Town A on October 24, 2019 __________________________________ RENÉE LEMOINE, J.C.Q.

Me Pierre-Luc Simard Attorney for the child Me Agnès Sabourin-Zaccardelli Attorney for the applicant Me Angèle Tommasel Attorney for the mother Me Cathy Coulombe Attorney for the father Date of hearing: August 27, 2019