r v. A, 2016 QCCQ 17811

Protection de la jeunesse — 168725 2016 QCCQ 17811 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005190-163 DATE: October 5, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2004 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner 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 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 presents a declaration of protection concerning the child X, alleging a situation of endangerment stemming from educational neglect and psychological ill-treatment.

Seeking the application of protective measures for one year while maintaining the child in her maternal environment, the Director specifically recommends that the father’s access be structured following mutual agreement and respect X’s expressed wishes. [ 2 ] The parents consign their admissions and consent to the Director’s evaluation and proposed orientation.

X shares this position, while indicating that she wishes her father to be sober during their contacts. [ 3 ] Analysis and decision [1] The Director of Youth Protection intervenes in the child’s situation in April 2016. [1] At this time, X is residing with both her parents. [2] For the last several years, the parents’ relationship is unstable and punctuated by conflict and separations. During these periods of separation, the father maintains an unstable relationship with his daughter. [1] When met by the caseworker, X indicates that she no longer wants to live with her father.

X explains being repeatedly exposed to episodes of high conflict between her parents and witness to incidents of conjugal violence, both on a physical and verbal level. [2] Her father consumes alcohol several times a week. In her father’s care when her mother is absent for work, he can often leave her alone to go drinking. His intoxication regularly leads to conflicts in the home and unpredictable behaviours. [3] A school social worker offers services to the child. Over the last year, X often speaks of her difficulties at home, namely the conflicts and her father’s behaviours.

She states no longer wanting to see her father in the present circumstances and to having consequent difficulties focusing on her studies. [ 4 ] The mother confirms the situation as related by her daughter, adding that the father has a very unstable lifestyle and this, on an ongoing basis. Throughout their relationship he has left them on several occasions. He consumes drugs and alcohol regularly. [ 5 ] To the caseworker, the mother recognizes the family dynamic and the impacts on her daughter. The father’s intoxication leads to episodes of violence and instability.

She states having asked the father to leave the apartment, but that he refuses.

[ 6 ] On a personal level, the mother admits struggling with the situation and to having difficulty managing her basic responsibilities and affairs. She welcomes services supporting her. [ 7 ] On June 15, 2016, the mother lays criminal charges against the father and he is arrested for physical and sexual assault. Initially released with conditions, the father is subsequently incarcerated after breaching a prohibition of being at the mother’s address. [ 8 ] During a subsequent meeting with the caseworker, the father recognizes most of the situation related by X, but minimizes the potential impacts on his daughter.

He considers not having a problem. He states wanting to cooperate in order to reconcile with his spouse and daughter. [ 9 ] After pleading guilty, the father receives a short jail sentence. Since his release at the end of August, he maintains an unstable lifestyle and is largely unavailable for the follow-up nor the services suggested by the caseworker. [ 10 ] As of June, X refuses to see her father. The father makes no attempts nor requests for contacts. [ 11 ] At the hearing, X indicates wanting contacts with her father, conditional to his sobriety.

The father declares being ready to work towards re-establishing a healthy relationship with his daughter and to respecting her declares wishes. [ 12 ] X requires a stable and consistent environment.

The parent’s various personal difficulties and the resulting family dynamic adversely impact on X’s security and development, creating the situation of endangerment put forth by the Director. [ 13 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are in danger in reasons of educational neglect and psychological ill-treatment; [ 17 ] ORDERS that the child be entrusted to her mother; [ 18 ] ORDERS that the contacts between the child and her father be following agreement between the parties and in accordance with the child's expressed wishes; [ 19 ] ORDERS that the father not consume any alcoholic beverages at the occasion of his contacts with his daughter, nor be under the influence of such; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard on their child's regard to put an end at the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] ALL THESE MEASURES for a period of one year; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Mylène Francoeur Attorney for the Petitioner Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: October 5, 2016