2014 QCCQ 18965, 2014 QCCQ 18965

Protection de la jeunesse — 146980 2014 QCCQ 18965 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000458-148 DATE: December 3, 2014 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner and X born on […], 2010 Child and A and 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 child has always lived with her mother, the mother’s common-law spouse and a young half-brother. Until recently, the father was not involved in the child’s life at all. [ 2 ] The Director of youth protection (DYP) asks the Court to declare that the security or development of the child is in danger, because she would be neglected and subjected to physical abuse. [ 3 ] On August 19, 2014, the DYP received a call requesting an urgent intervention at the child’s residence.

The situation at home was unbearable. The mother was passed out on the couch and it was difficult to wake her up. The house smelled of feces and urine. The place was very messy. The child and her brother were left to themselves and wearing dirty clothes. [ 4 ] The child had bruises on different parts of her body.

She told the youth protection delegate her mother did it, which was strongly denied by the mother. [ 5 ] On the same day, both children were removed and entrusted to foster families, where they remain, under provisional measures. [ 6 ] According to the mother, she had just broken up with her spouse, prior to the DYP’s intervention. Domestic violence, drugs and alcohol were part of their life.

The mother also made suicide threats, but she said it was only because she was upset. [ 7 ] In regards with the child’s bruises, the mother blames her spouse. [ 8 ] Since her children were taken away, the mother cooperates with the DYP and tries to put her life back on track. She has to respect conditions, among which a prohibition of contact with the child. She is currently involved in a treatment program in order to solve her substance abuse issues. Therefore, she was not present at the hearing. [ 9 ] The father lives in Nova Scotia and has custody of four children.

He had problems of his own, leading to the removal of his children, for approximately one year, in 2012. The Court learned at the hearing that his girlfriend has just left the home. The father had substance abuse issues in the past, he got involved in treatment two years ago and still attends AA meetings.

[ 10 ] The father wishes to get involved in his daughter’s life. He came to visit her this fall. He cooperates with the DYP. [ 11 ] The child showed symptoms of neglect when she was removed from her mother’s care. Her safety and health were seriously at stake. She was submitted to physically ill-treatment. The evidence does not allow the Court to identify who committed the abuse. The child fears her mother who, at the very least, was not able to protect her. She needs stability and psychological support. [ 12 ] The situation is very serious.

The parents show good intentions, but the Court is worried for the child. The DYP will have to be careful and vigilant before foreseeing the child’s return home, to either parent. WHEREFORE, THE COURT: [ 13 ] GRANTS the petition for protection; [ 14 ] DECLARES that the security and development of X are in danger according to

section 38 of the Y outh protection act ; [ 15 ] ORDERS that the child be entrusted to a foster family designated by the DYP until April 30, 2015; [ 16 ] RECOMMENDS that the parents actively participate in psychological counselling to help deal with their personal issues; [ 17 ] RECOMMENDS that the child benefit from psychological counselling to help her deal with her emotional issues; [ 18 ] RECOMMENDS that the mother benefit from the A Family Enhancement Worker to teach life skills, coping skills and parenting skills; [ 19 ] RECOMMENDS that the father benefit from parenting skills from an external educator; [ 20 ] RECOMMENDS that the father participate into a home assessment; [ 21 ] RECOMMENDS that the parents complete an addiction assessment, attend treatment if required and follow-up as long as deemed necessary; [ 22 ] ACKNOWLEDGES their consent and ORDERS that the parents present themselves for medical laboratory drug tests whenever requested by the DYP with or without notice and that results be submitted to the DYP; [ 23 ] RECOMMENDS that the parents remain involved with the child through regular visitations when deemed appropriate, supervised if deemed necessary by the DYP and that the terms set forth for those visits, as agreed upon by the parties, are followed by the parents; [ 24 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 25 ] ORDERS that a person working for an establishment provide to the child and her family, aid, counsels and assistance until April 30, 2015; [ 26 ] ENTRUSTS the situation of X to the DYP of the Centre Jeunesse A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the child

Me Florence Frappier-Routhier for the mother Me Mathieu Racine for the father Written judgment filed on December 9, 2014