2020 QCCQ 10212, 2020 QCCQ 10212

Protection de la jeunesse — 201919 2020 QCCQ 10212 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 450-41-006702-188 DATE: FEBRUARY 14, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the CIUSSS A; whose office is located at [...]; Applicant - and- X Born on [...], 2015 Child - and- A B Parents JG2189 ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________

WARNING : The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has been involved in the situation of X (4 years old) since June 2018 on the grounds that X is exposed to conjugal violence by the father who is dealing with a drinking problem. [ 2 ] Since that date, X has been entrusted to her mother, to the exclusion of the father, with whom she has supervised contact. [ 3 ] The Director now seeks to have that order extended for a period of one year because the father’s personal difficulties have not been resolved and it is important to support the mother in her parenting responsibilities due to her somewhat fragile mental and physical health. [ 4 ] The parties agree to the measures sought.

Here are the reasons for this decision.

Summary and analysis since January 14, 2019 [ 5 ] X is currently developing well with her mother. Since October, she has been attending daycare, where she is learning to socialize. Her language skills are gradually improving. The speech pathologist stated, however, that X will have permanent issues. The social worker suggested that there might be mild intellectual disability. This remains to be assessed. [ 6 ] The mother is still dealing with anxiety and panic attacks, which she does her best to control, but which make her vulnerable. The mother sometimes has trouble maintaining a routine.

X, still does not always know what the rules are. This is even truer with regard to her half-sister Y (13 years old). [ 7 ] In January 2019, the social worker offered the mother psychoeducational follow-up. At the time, however, the grandfather, who was moody and needed a lot of attention, was living with the mother. The mother had her hands full and said that she had no time for the follow-up. [ 8 ] In March 2019, the grandfather was placed in an institution and the mother moved. At the same time, the father relapsed with his drinking, which once more fueled conflict between him and the mother.

The couple’s relationship was an emotional rollercoaster. [ 9 ] In the summer, the father accepted treatment at the Centre de réadaptation en dépendance A (CRD[A]). Things between him and the mother calmed down. In the fall, however, the mother, who was not convinced that the father’s actions were sincere, ended their relationship. [ 10 ] The father had trouble accepting the mother’s decision. To add to his misery, in October the mother allowed Mr. C, a man known for his deviant sexual behaviour towards the children, to come to the house. The father was not happy.

The conflict reappeared. [ 11 ] The social worker stated that since January 2020, the father has been more accepting of the separation. He no longer harasses the mother. They even had dinner together recently with X and Y. [ 12 ] Given their history, however, the situation remains precarious. [ 13 ] Social support for a period of one year will allow the child to remain protected during the transition to [province A]. [ 14 ] In the meantime, the social worker wants to maintain regular contact between the father and X once every two weeks.

If the mother moves to [province A], he does not believe that the father will have any trouble accepting that his visits will be temporarily spread out, until he also moves to [province A].

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the present application; [ 16 ] DECLARES that the security and the development of the child X are in danger; [ 17 ] REVISES the Court order rendered on January 14, 2019; [ 18 ] ENTRUSTS the child X to her mother at the exclusion of the father; [ 19 ] AUTHORIZES , in the child X favor, contacts with her father, supervised by a third party designated by te Director of Youth Protection, upon agreement and according to the modalities set with the Director of Youth Protection.

In case of disagreement, the contacts will occur once every two weeks for three hours; [ 20 ] AUTHORIZES the possibility of lifting the said supervision according to the evolution of the situation; [ 21 ] ORDERS that the child X attend a childcare establishment (or daycare); [ 22 ] ORDERS that the child X and her parents take an active

part in the application of any of the measures ordered; [ 23 ] RECOMMENDS that the father receive help regarding anger management and that he maintain his follow-up regarding his alcohol consumption problem; [ 24 ] RECOMMENDS that the mother maintain her different follow-ups regarding her personal difficulties for the time deemed necessary by the professionals;

[ 25 ] ORDERS that the child X receive specific healthcare and health services required by her situation; [ 26 ] TAKES JUDICIAL NOTICE that the mother will provide an environment without any domestic violence or alcohol abuse the child; [ 27 ] TAKES JUDICIAL NOTICE that the mother is commiting not to put the child X in contgact with Mr.

C; [ 28 ] ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child X and her family for a period of one year from February, 14 th , 2020 ; [ 29 ] ENTRUSTS the child X to the Director of Youth Protection to see that the measures are carried out [1] . Signed on April 6 th , 2020. ___________________________________ Lise Gagnon, J.C.Q. Mtre Marie-Pier Trépanier Counsel for the Director of Youth Protection Mtre Claude Gendron Counsel for the child Mtre Émilie Tanguay Counsel for the mother Date of hearing: February 14, 2020