2018 QCCQ 20698, 2018 QCCQ 20698

Protection de la jeunesse — 1811493 2018 QCCQ 20698 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-031393-168 DATE : January 18, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2014 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to revise and extend the measures rendered on November 1, 2016, entrusting the child to his mother, to the exclusion of the father, until April 19, 2017 along with a social follow-up and other corrective measures. [ 2 ] Essentially, the Director alleges that despite the mother’s improvement with respect to the disciplinary methods that she utilizes on her children, certain concerns persist and she continues to require support. [ 3 ] The father remains incarcerated for various pending charges.

Although he expects that the procedures will be concluded sometime this spring, he estimates that he will likely remain incarcerated for another year or two, depending on the results of negotiations with the public prosecutor. [ 4 ] Consequently, the Director is asking to maintain the child’s entrustment to the mother with a social follow up for a year. [ 5 ] The mother admits the majority of the allegations and consents to the measures proposed. [ 6 ] The father has the same position but points out that he has not benefitted from any kind of social follow-up since the previous order.

He complains that the social worker only contacts him prior to court proceedings in order to provide him with the court report. He expresses wishing to be more involved in the intervention. [ 7 ] The child’s lawyer supports the Director’s position. The Situation [ 8 ] Since the prior judgment, the child has been developing well. He attends daycare on a regular basis and participates in age- appropriate activities on the weekends. [ 9 ] The mother continues to receive support from the […] Club A and collaborates well with the social follow-up.

She concedes that she continues to yell at her children when they don’t listen but she denies any physical correction. [ 10 ] The child has regular contact with his father and frequently accompanies his mother to the jail for visits. Considering his young age, he is unaware of the circumstances regarding his father’s incarceration and no discussions on the matter have taken place.

[ 11 ] Considering the mother’s intent to pursue her relationship with the father and to resume living with him upon his release, the social worker is of the opinion that the situation requires monitoring. The Court agrees. [ 12 ] It should be remembered that at the initial hearing to determine endangerment, it was determined that the father consumed drugs in the home and was involved in criminal activities that put the family at risk.

Although he maintains his innocence regarding the related charges, the evidence of his implication in drug and weapon related transactions was sufficiently persuasive for the purposes of these proceedings. [ 13 ] In these circumstances, it is all the more important that the social worker maintain contact with the father in order to evaluate and update his personal situation. [ 14 ] Moreover, the uncertainty of the father’s current predicament will require the Director to adjust the intervention as the situation unfolds. [ 15 ] For these reasons, and considering the whole of the evidence, the Court concludes that the security and the development of the child continue to be endangered and that the measures proposed by the Director are in his best interest. [ 16 ] FOR THESE REASONS, [ 17 ] THE COURT : [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child continue to be endangered; [ 20 ] ENTRUSTS the child to the care of his mother to the exclusion of the father; [ 21 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the DYP; [ 22 ] ORDERS that the mother refrain from using any form of physical discipline towards the child; [ 23 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On January 25, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Edith Zavodni Attorney for the D.Y.P. Me Mylène Saad Attorney for the child Me Karine Dallaire Attorney for the mother Me Marc Morin Attorney for the father Date of hearing: January 18, 2018 KO/lf