2017 QCCQ 20817, 2017 QCCQ 20817

Protection de la jeunesse — 1711178 2017 QCCQ 20817 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005470-177 760-41-005471-175 DATE: September 14, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2008 Y, born [...], 2008 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 contYes 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 presents declarations of protection regarding the siblings X and Y, alleging a situation of endangerment stemming from educational neglect, physical abuse and psychological ill-treatment. In view of this situation, the Director seeks the application of a series of protective measures for one year, including that the children reside with their sister, Mrs.

Z. [ 2 ] After hearing evidence confirming the notification of the proceedings to the parents and their positions, the Court proceeds in their absence. [ 3 ] The children’s attorney, acting under a legal mandate, subscribes to the orientation sought by the Director. He adds that although the children state their wish to continue to reside with their sister, they would like to see their parents more often. [ 4 ] Analysis and decision [ 5 ] Until July 2017, the children reside with their mother.

They maintain regular contacts with their father. [ 6 ] The parents maintain an on-and-off relationship, which can regularly degenerate to verbal and physical altercations. There are repeated police interventions in the respective family environments. The children are witness to this dysfunctional family dynamic which is ongoing. [ 7 ] Both parents have a history of alcohol abuse. [ 8 ] The whole intensifies during summer 2017.

Successive conjugal conflicts occur between the parents, usually surrounding excessive alcohol use. [ 9 ] During the last event on July 14, 2017, the parents are together at the father’s domicile and under the influence of alcohol. The father is stabbed with a kitchen knife. Although the parents recognize the altercation, they offer different versions as to the source of the father’s resulting wounds, the father declaring that the mother stabs him, whereas the mother states that the father’s wound is self- inflicted.

The children are present. [ 10 ] This incident results in the father’s hospitalization as well as the mother facing criminal charges. The children are then entrusted to their step-sister, Ms Z, where they remain to this day. In this environment, they are progressing well. [ 11 ] The children are able to detail the incident having occurred between their parents, naming the intensity of their argument and

their intoxication. They further affirm that this situation is ongoing and that they regularly are witness to their parents being both physically and verbally aggressive towards each other. [ 12 ] The evaluation further brings forth serious issues relating to routine, supervision and discipline in the maternal environment. [ 13 ] Police reports relate that the children are repeatedly found alone in their neighbourhood, adopting disruptive and disrespectful behaviours. They state having no rules or curfew.

They reject their mother’s authority. [ 14 ] In police interviews, the children mention that their father regularly uses physical discipline, naming incidents of smacking, kicking and using objects to hit them. They add that he is usually under the influence of alcohol when such incidents occur. To the caseworker, the father denies any physical abuse towards his daughters. [ 15 ] Since their placement with their step-sister, few visits occur with their parents. On one occasion, a supervised visit with their father is cancelled as he is intoxicated.

The mother remains in detention for the time being and only one telephone contact is possible. [ 16 ] The parents don’t recognize any dependency issues nor any impacts on their relationship and their children. They blame the other for the implication of social services and any difficulties for their children. [ 17 ] Each parent presents significant personal issues which impede their abilities to respond to their children’s needs.

Additionally, they are unable to recognize that their children suffer the impacts of the situation, either directly by being witness to a dysfunctional family dynamic, or indirectly by not receiving an adequate structure and supervision. [ 18 ] The children must be kept at bay of their parent’s way of life until such time as a process of rehabilitation commences and ensures the necessary changes to permit their reintegration.

Consequently and after taking into consideration the evidence, the Court determines that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the applications for protection; [ 21 ] DECLARES that the security and development of the children are in danger in reasons of educational neglect, physical abuse and psychological ill treatment; [ 22 ] ENTRUSTS the children to Mrs.

Z; [ 23 ] ORDERS that the contacts between the children and their parents be following agreement between the parties and in the presence of a third party chosen by the Director of Youth Protection; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end at the situation in which the security or development of the children is in danger; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and their parents; [ 27 ] ALL THESE MEASURES for one year; [ 28 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne Catherine Bujold Attorney for the Applicant Me Michel Robert Attorney for the children Date of hearing: September 14, 2017