2018 QCCQ 19474, 2018 QCCQ 19474

Protection de la jeunesse — 1810822 2018 QCCQ 19474 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000913-183 DATE: October 31, 2018 (written judgment rendered on January 22, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2015 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled [...] Mother and B , residing and domiciled [...] ______________________________________________________________________ JUDGMENT (Section 38 of the 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 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2015, are in danger under

section 38 (b) (2), (

c) and (e) (2) [1] of the Youth Protection Act . Position of the parties [ 2 ] The parents are present and represented by Me Leonard. They admit most of the alleged facts and they agree with the measures. The child is absent but represented by Me Neptune. After hearing the evidence, she invites the Court to grant the application and the measures as requested. Facts [ 3 ] The family is followed by the DYP's services since 2014. Provisional measures were signed from November to December 2016, and voluntary measures were signed from December 2016 to December 2017.

At that time the parents admitted their consumption of drugs and alcohol, and their violent conjugal relationship. The child was maintained with the parents. The mother was followed by the Social Services and attended her meetings regularly. [ 4 ] The revision reports made during the voluntary measures revealed that the mother was improving a lot when the father was absent. He comes from Town A and when the relation between the parents is bad, he leaves Town B and goes back to his village. During those periods of absence everything went well.

When he is in the household, he used the family allowances to buy alcohol and drugs. The mother had a part-time job and absolutely need the family allowances to provide for the children and they argue because of the money. [ 5 ] The mother is described as able to look for help when she needs and being very protective towards her children.

The most difficult for her is to have enough energy to take care of her four children and to impose rules and discipline. [ 6 ] Another voluntary measures were signed in December 2017, and the children remained with the mother with the services of an external educator until June 2018. [ 7 ] Since the signature of this voluntary measures, the mother continues to work part-time as a janitor. The father also worked part- time for the water trucks but was frequently outside of the town. The relation between the parents is still unstable.

Sometimes the mother calls the police to evict the father and sometimes she says that everything goes well. [ 8 ] Another child was born on [...], 2018, and at the end of May 2018, the mother informed the worker that her conjugal relationship is over, so she was alone to take care of her five children. The request for the external educator was made at that time to help

her with her parental responsibilities. [ 9 ] On June 18, 2018, the voluntary measures were renewed and the child was maintained with his mother. On July 31, 2018, the mother was arrested as she was intoxicated. [ 10 ] X was first reported when he was newly born. In December 2015, he had an important fever for few days and the mother finally brought him to the nursing. He was medevac to Town C and stayed there a few days. The mother was mostly absent during this hospitalization. [ 11 ] In August 2016, X was supposed to meet with the physiotherapist but the mother never showed up.

He was close to twelve months and did not crawl yet. Delays in his motor skills were noted since he was three months old. [ 12 ] Actually, X is 3 years old and he interacts properly with adults. He is speaking a lot and has no more health problem. Analysis [ 13 ] The personal issues of the parents and their violent conjugal relationship have a direct impact on the children. Even if, the situation seems to be under control actually, the parent’s habits will make the children in a highly risky situation. [ 14 ] The evidence convince the Court that the situation of the child is in danger under

section 38 (b) (2) and (

c) of the Youth Protection Act. But no allegation and no evidence were submitted to the Court in terms of a risk of physical abuses. [ 15 ] The parents accept the help offered by the DYP and the Social Services. It’s important that they continue to receive this help and specifically, to address their conjugal issues. FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on [...], 2015, are in danger under

section 38 (b) (2), and (

c) of the Youth Protection Act; [ 18 ] ORDERS that the child remain with the parents; [ 19 ] ORDERS that the child receive specific health care and services; [ 20 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 22 ] ORDERS that the child and the family receive the services of an external educator to help with the discipline and the establishment of rules in the household; [ 23 ] ORDERS that the parents remain sober in the presence of the child; [ 24 ] STRONGLY RECOMMENDS that the parents seek help through the Social Services concerning the presence of conjugal issues risking exposure to conjugal violence for the child; [ 25 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 26 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carded out; [ 27 ] THE WHOLE until June 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: October 31, 2018