2019 QCCQ 15096, 2019 QCCQ 15096

Protection de la jeunesse — 194676 2019 QCCQ 15096 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] LOCALITY OF […] Youth Division No.: 635-41-000932-191 635-41-000933-199 DATE: July 15, 2019 ______________________________________________________________________ PRESIDING THE HONOURABLE DENISE DESCÔTEAUX, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [… ], 2016 Y, born on [… ], 2013 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A working in Town A, District A Applicant and A, residing and domiciled in [ … ] , District A Mother and B, residing and domiciled in [ … ] , District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) 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 A in Town A, submits an application to the Court asking that the security and development of X, 2 years old and Y, 6 years old, be declared to be in danger according to

section 38 ( b ) (2), (

c) and ( e )(2) of the Youth Protection Act . [ 2 ] POSITION OF THE PARTIES [ 3 ] At the hearing, the mother was present and represented by Mtre Angele Tommasel. She admitted few allegations of the application and agreed with the measures proposed. [ 4 ] The father was present and represented by Mtre Félix St-Amand. He recognized that the security and development of his children are in danger and agreed with the measures proposed. [ 5 ] Mtre Caroline Jennis represented the children and submitted to the Court that the measures suggested were in their best interest.

Hers is a legal mandate, considering the young age of the children. [ 6 ] ISSUES [ 7 ] The issues are; - Are the security and development of the children, Y and X, in danger? - If so, under what

section of Youth Protection Act ? - Considering the best interest of the children, what are the measures to be applied to put an end to the situation? [ 8 ] FACTS [ 9 ] The evidence is made up of the parents’ admissions, their testimony, the occurrence reports submitted by the […] Regional Police Force of Town A concerning the parents and the testimony of the social worker, [social worker 1]. [ 10 ] Unfortunately, because the social worker has just replaced [social worker 2], the former social worker, he is not aware of these cases.

His testimony was only hearsay because Ms. [social worker 2] was not present at the hearing. Mr. [social worker 1] was assigned to these two cases only one week ago.

[ 11 ] The parents had a difficult relationship that was highly conflictual. [ 12 ] The applicant submits that the security and development of the children are in danger in regards to paragraphs ( b )(2), (

c) and ( e ) (2) of

section 38, for the following reasons. [ 13 ] Youth Protection was involved with the family between October 2013 and August 2016. [ 14 ] The evidence shows that, contrary to their testimony, the parents consume alcohol on a regular basis. When drunk, the parents fight and have issues with violence even when the children are present. [ 15 ] The occurrence reports show that since 2017, the police had to intervene with the parents on several occasions.

The father acts frequently displays conjugal violence towards the mother and the family is the subject of many occurrence reports. [ 16 ] Between August 8, 2018, and November 15, 2018, the father was incarcerated; [ 17 ] The applicant submits that the children’s sibling disclosed that the mother has used violence on more than one occasion against the children and herself in the past. The children’s sibling also reported that the mother got angry and hit her head with a phone and punched her on the right leg and shoulder.

The children’s sister did not testify at trial. [ 18 ] ANALYSIS [ 19 ] In light of the parents’ behaviour, and their alcohol consumption issues, the fact that the parents do not recognize the situation and minimize its impact on their children, considering the father’s arrest and incarceration due to his alcohol consumption and conjugal violence and that the relationship between the mother and the father is conflictual, because the children are exposed to domestic violence, and in light of the evidence and the occurrence reports in particular , the Court has no hesitation in declaring the security and development of the children to be in danger under

section 38 (

c) psychological ill-treatment (exposure to conjugal violence caused by both parents) and 38 ( b )(2) serious risk of neglect (substance abuse by both parents) of the Youth Protection Act . [ 20 ] The Court declares the security and development of the children are not in danger in regard to the situation of physical abuse (section 38 ( e )

(2) Y.P.A.). The applicant submits that the mother has carried out unreasonable methods of upbringing towards the children. The mother denies or ignores these allegations. On this matter, it appears that the applicant failed to present any proof of these allegations.

Considering the evidence, the facts are insufficient to find that the security and development are in danger on this ground. [ 21 ] Having declared the security and development of the children to be in danger, the Court proceeded with a hearing on applicable measures; [ 22 ] The children need to be in a safe and stable environment. [ 23 ] A social study was filed as evidence. The parents did not contest the recommendations made therein. The parents are able to behave appropriately when sober. [ 24 ] The parents have demonstrated good parental capacities.

When the violence and alcohol consumption are not present, they are attentive to their children’s basics needs in a caring way. However, they are no nearer to stopping their consumption. [ 25 ] The former social worker had good cooperation from the mother. She was open to discussion and was able to recognize her issues.

As for the father, due to his incarceration, the social worker did not meet him [ 26 ] Currently, the parents need to seriously involve themselves in follow-up services and demonstrate they are able to stabilize their lifestyle. [ 27 ] Considering the evidence as a whole, the Court endorses the recommendations. FOR THOSE REASONS, THE COURT: [ 28 ] GRANTS this application in part; [ 29 ] DECLARES that the security and development of the children, Y and X are in danger under the

section 38 ( b )(2) and (

c) of the Youth Protection Act . [ 30 ] ORDERS that the children remain with their parents [ 31 ] ORDERS that the parents remain sober in the presence of the children; [ 32 ] ORDERS that the parents refrain from displaying any violent behaviour in the presence of the children; [ 33 ] ORDERS that the children and the children’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 34 ] CONSIDERING the mother’s consent , ORDERS that the mother seek help through Social Services regarding her substance abuse and conjugal violence issues; [ 35 ] CONSIDERING the father’s consent , ORDERS that the father seek help through Social Services regarding his substance abuse, impulsivity, and violent behaviour issues. [ 36 ] ORDERS the parents to take active steps to receive services concerning their marriage related problems;

[ 37 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parent’s presence at appointments with professionals and their level of involvement in the services provides; [ 38 ] ORDERS that the parents report periodically in person or by telephone to the Director of Youth Protection on the measures they apply in their own regard and in their children’s regard to put an end to the situation endangering the security and development of the children. [ 39 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the children’s family until February 28, 2020; [ 40 ] ENTRUST the situation of the children to the Director of Youth Protection for the execution of this order; __________________________________ DENISE DESCÔTEAUX, J.C.Q.

Mtre. Genevière Apollon Cain Lamarre Attorney for the Applicant Mtre. Caroline Jennis Legal Aid Office of Town B Attorney for the Children Mtre. Félix St-Amand Attorney for the Father Mtre. Angele Tommasel Attorney for the Mother Date of hearing: May 15, 2019