2018 QCCQ 18233, 2018 QCCQ 18233

Protection de la jeunesse — 189375 2018 QCCQ 18233 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No.: 640-41-002199-187 DATE: September 6, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on […], 2017 Child ______________________________________________________________________ [Social Worker 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ( ss. 73.1 and 38 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ JB3406 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 guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection submitted an application to the Court to have the security and development of the child declared in danger because he is a victim of psychological ill-treatment by his parents, physical abuse by his father and he is a victim of neglect regarding supervision or support. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to a foster family until September 30, 2019, with a possible return to the parents, if the situation allows it, and that it order several assistance measures, including follow-up by social services for the same period. [ 4 ] The parents admit the facts alleged and, after the social worker’s testimony, agree with the Director’s recommendations. [ 5 ] The evidence reveals the following facts. The child is a sixteen-month-old toddler. He has a brother, Anthony, who will be turning five in late September.

The Court has before it the situation of his brother as well. The child was entrusted to two foster families before being entrusted to his current one, in Town A, in August 2018. [ 6 ] On January 17, 2018, while the mother was pregnant, she was assaulted by the father. The gravity of the conjugal violence has increased over the time. [ 7 ] On May 29, 2018, the Director received a report that the father was allegedly violent towards the mother while the child X was in her arms. On July 23, 2018, the police and a youth worker had to intervene with the parents regarding an event of conjugal violence as

they were intoxicated while the children were present. During the altercation, the mother and X were physically injured. The child fell from the amautik and was covered in his mother’s blood, with sand and rocks on his face. The child’s injuries were minimal. On the same date, the children and their mother were brought to the nursing station and the mother displayed suicidal ideation. On the same day, the father was arrested and detained. He was put under conditions not to harass, molest, or threaten the mother and not to drink alcohol. The mother refused to press charges.

The day after, the father did not remember having beat up the mother and hurt X. It is quite clear that if Anthony had been in the father’s way, he would have risked getting hurt as well. He witnessed the event. He was crying loudly and was shaking. [ 8 ] From July 23, 2018, to July 24, 2018, the Director took immediate protective measures and entrusted the children to their paternal grandparents. [ 9 ] On August 4, 2018, the father came back from detention to Town A. The father denigrates the mother in front of the youth worker, saying that she is good for nothing.

He believes that the mother gave him back alcoholism as if it were a contagious disease. He declines any responsibility for his drinking problem. [ 10 ] The mother has often been assaulted by the father in the six years they have been together. [ 11 ] Before having their children back in their care, the parents need to take concrete steps to resolve their issues. The father will have to continue to have follow-up with social services. He is said to be cooperative and willing to treat his issues. The mother also attends social services. She could consider attending the Portage treatment program.

Will they maintain their involvement as long as deemed necessary by the professionals? Time is of the essence. The conjugal violence has been going on for six years. Steps must be taken to stop the situation, the first one being to acknowledge their problem. They are not yet there. [ 12 ] The Orientation Report evaluates the child’s vulnerability as follows, at 5: The vulnerability of the child is determined as high considering his age. He depends on his caregivers to provide him with all his needs and he cannot protect himself from potentially dangerous situation.

Furthermore, the fact that the father beat up the mother while she has X in her arms or in her back considerably increase the baby’s vulnerability and the probability of being physically hurt. THEREFORE, THE COURT: [ 13 ] ALLOWS the application; [ 14 ] DECLARES that the security and development of the child X are in danger because he is a victim of psychological ill-treatment by his parents, of physical abuse by his father, and he is a victim of neglect regarding supervision or support.

AS MEASURES DEEMED TO BE IN THE CHILD'S INTEREST, THE COURT: [ 15 ] ORDERS that the child be entrusted until September 30, 2019, to a foster family chosen by the institution operating a child and youth protection centre; [ 16 ] ORDERS that, if the mother wishes to attend Portage Mother and Child treatment program, the child be entrusted to her, in accordance with the Portage’s rules; [ 17 ] ORDERS that, if the mother does not complete the treatment at Portage, the child be entrusted to a foster family until the end of the period; [ 18 ] ORDERS that all contact between the child and his parents be supervised by a reliable person designated by the Director of Youth Protection until the parents take

part in the services they need and that it be supervised by the Director of Youth Protection with regard to the terms and degree of supervision, the frequency being established with the consent of the parents and the social worker; [ 19 ] ORDERS that the parents remain sober and refrain from all violent behaviour in the presence of the child; [ 20 ] RECOMMENDS that the parents seek help from social services for their numerous personal issues for their numerous personal issues, notably for the father’s anger management and for the mother’s emotional dependency; [ 21 ] AUTHORIZES the child’s return to his parents’ care after six months under the strict conditions that they have maintained regular follow-up regarding their problems; [ 22 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 24 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family until September 30, 2019; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out.

SIGNED IN TOWN A October 24, 2018 LUCILLE BEAUCHEMIN, J.C.Q. Mtre. Sarah Bourgeois-Lessard Counsel for the Director of Youth Protection Mtre. Cassandra Neptune Counsel for the child Mtre. Marianne Léonard Counsel for the parents Date of hearing: September 6, 2018