2018 QCCQ 20730, 2018 QCCQ 20730

Protection de la jeunesse — 1811524 2018 QCCQ 20730 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033351-172 DATE : January 16, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2012 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, 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 ] In the context of a joint hearing, the Director of Youth Protection (the Director) is asking the Court to declare that the security or the development of the children X and Y is endangered as a result of psychological ill-treatment and a serious risk of negligence. [ 2 ] Essentially, the Director alleges that the father’s alcohol abuse has been the source of persistent and violent conflict between the parents to which the children are regularly exposed.

Furthermore, it is alleged that the young children have been in the father’s care while he was inebriated and unable to properly look after them. [ 3 ] Provisional measures were ordered on December 8, 2018, entrusting the children exclusively to their mother. Contact with the father has been monitored by the Director. Since the Director’s intervention, the father has invested in services to deal with his drinking issues and the situation has gradually improved.

Considering the father’s commitment to maintaining his sobriety, the Director is proposing to entrust the children to the care of both their parents along with a social follow-up. [ 4 ] The majority of the allegations are admitted by the parents who consent to the measures proposed. [ 5 ] The lawyer for the children supports the Director’s position.

The Situation [ 6 ] The parents acknowledge the situation as summarized in the Court Report [1] , namely: - The father regularly consumes alcohol excessively and to the point where hospitalization has become necessary; - His consumption occurs in the presence of the children and occasionally, when he has the sole responsibility of their care; - The parents’ frequent arguments on this subject lead to physical altercations; - The father has expressed suicidal thoughts in reaction to the current situation; - The mother is at times ambivalent about her relationship with the father. [ 7 ] Although the mother has attempted to shield the children from the impact of their fighting, they are nevertheless exposed to the

confrontations. The children are aware of their father’s drinking and have been frightened by related incidents in the home. Still, they miss their father and would like him to return to the family. [ 8 ] Since the Director’s intervention, the father has availed himself of outpatient services from the […] Rehabilitation Centre A. Currently, he participates in two group sessions and one individual session per week.

He intends to continue for another 13 weeks as per the program and then to pursue Alcoholics Anonymous meetings. [ 9 ] The father testifies that the meetings have taught him to identify triggers for his drinking. He explains that he has become more self-aware and is learning coping strategies. He affirms that he has been abstinent for over six weeks and intends to remain that way. [ 10 ] The mother wishes the father to return to the home and to that end, the parents are participating in couples’ therapy.

They are considering returning to Town A in the short term and understand that services will continue nonetheless. [ 11 ] Considering the admissions of the parties pertaining to the state of endangerment, the Court concludes that the security and development of the children are endangered for the reasons alleged by the Director. [ 12 ] The recommendations proposed by the Director are in the best interest of the children. The father has demonstrated commitment and determination to remain abstinent and to work on the family dynamics.

Considering however the extent of his personal difficulties, the continued monitoring of his progress is essential to ensure the protection of the children. [ 13 ] FOR THESE REASONS, [ 14 ] THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the children are endangered as results of psychological ill-treatment and a serious risk of negligence; [ 17 ] ORDERS that both children be entrusted to the care of their parents; [ 18 ] PROHIBITS the father from being under the influence of alcohol in the presence of his children; [ 19 ] RECOMMENDS that the mother receive therapeutic support to address her anger issues and that she follow through with the recommendations of the professionals; [ 20 ] TAKING JUDICIAL NOTICE of his consent to do so, RECOMMENDS that the father continue with his substance abuse treatment programs and follow through with the recommendations of the professionals; [ 21 ] RECOMMENDS that the father maintain his sobriety; [ 22 ] RECOMMENDS that both parents seek marital counselling and TAKES JUDICIAL NOTICE that that is currently in effect; [ 23 ] ORDERS that the parents report back to the Director as to the progress in their situation; [ 24 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the children and their family; [ 25 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE for a period of 9 months.

SIGNED IN TOWN B On January 25, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Dominique Douglas Attorney for the D.Y.P. Me Adriana Chafoya-Hunter Attorney for the children

Date of hearing: January 16, 2018 KO/lf