2022 QCCQ 14559, 2022 QCCQ 14559

Protection de la jeunesse — 229125 2022 QCCQ 14559 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000946-228 DATE: August 22, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2005 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and F Mother and G Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the adolescent X, born on [...], 2005, are endangered under paragraphs (b) (2) and (

c) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the adolescent to the mother at the exclusion of the father until April 18, 2023. Position of the Parties [ 3 ] The mother is present and represented by Me Jennifer Lévesque-Girard. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father is present and represented by Me Catherine Dionne-Marcotte. He recognizes that the security and development of his child are endangered and he agrees with the measures. [ 5 ] The youth is 16 ½ years old.

He is present and represented by Me Samuel Richard-Guertin. He recognizes that his security and development are endangered and he agrees with the measures. [ 6 ] The adolescent has 7 siblings, Y (17 ½ y), Z (15 y), A (13 ½ y), B (11 ½ y), C (10 y), D (7 y), E (5 ½ y). The Court is also seized with their situations. Facts [ 7 ] Considering the absence of contestation, the parties file a draft agreement in which they recognize the facts that justify the declaration of endangerment.

Those facts are the following: 2.1 The family has been involved in voluntary services for almost two years for serious risk of neglect due to substance abuse on the father’s part and for psychological ill-treatment due to spousal abuse; 2.2 The DYP is involved in the family’s life due to conjugal violence and substance abuse on the father’s part; 2.3 The parents are known to be in a polygamous relationship with another woman from the community but this has now ended; 2.4 However, the father asked the mother if he can be with both women but she is not in agreement with that; 2.5 This causes a lot of struggles and tensions between them two and this causes instability in the family home as well; 2.6 There are still having issues regarding the alcohol drinking on the part of the father, the father wishing to be sober;

2.7 When the father first signed the voluntary, he mostly respected not being in the home while he was intoxicated and will only come back home once he was sober; 2.8 Although there are no physical altercations between the parents, there are times where the arguments destabilize the children; 2.9 There’s been verbal abuse and disparaging between the parents; 2.10 It was reported that the mother asked Y to intervene and talked the intoxicated father into leaving the home; 2.11 The parents were supposed to complete in a couple’s therapy at the Center A in Town A; 2.12 The parents have attended the couple’s therapy through the Center A in Town A but after the latest COVID closures, it became a personal therapy for the mother, the father having no follow-up at the moment; 2.13 A asked the parents to leave the home before to live with a paternal aunt, but is now back home since June 2022; 2.14 The parents agreed on a one-month period, but it took time for them to consent; 2.15 A was affected by the atmosphere in the home; 2.16 A felt overwhelmed, anxious, and started acting out aggressively in the home and at school as well; 2.17 None of the other siblings are disclosing information or expressing concerns; 2.18 It seems that the children fear having issues with the dad; [ 8 ] The parties agree to the following measures: 3.1 That the child be entrusted to the mother at the exclusion of the father; that the exclusion can be withdrawn by the DYP if the situation allows it; 3.2 That the modalities and frequency of the contacts between the child and the father be determined by the Youth Protection worker; 3.3 That the child’s parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; 3.4 Takes judicial notice that even though entrusted to his mother, the child may reside with his paternal aunt and paternal great- grandmother; 3.5 That the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; 3.6 That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until April 18, 2023 ; 3.7 That the parents are not under the influence of drugs or alcohol in the presence of the child; 3.8 That the parents ensure that the youth is not in presence of people under the influence of drugs or alcohol in the family house; 3.9 That the parents receive services required by their situation as long as deemed necessary by the professional; 3.10 That the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the child is in danger with regard to attendance, collaboration and achievement of objectives; [ 9 ] After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the adolescent X, born on [...], 2005, are endangered under (b) (2) and (

c) of

section 38 of the Youth Protection Act ; [ 12 ] RATIFIES the draft agreement; [ 13 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those: • That the child be entrusted to the mother at the exclusion of the father; that the exclusion can be withdrawn by the DYP if the situation allows it; • That the modalities and frequency of the contacts between the child and the father be determined by the Youth protection worker; • That the child’s parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;

• That the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; • That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until April 18, 2023 ; • That the parents are not under the influence of drugs or alcohol in the presence of the child; • That the parents ensure that the youth is not in presence of people under the influence of drugs or alcohol in the family house; • That the parents receive services required by their situation as long as deemed necessary by the professional; • That the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the child is in danger with regard to attendance, collaboration and achievement of objectives; [ 14 ] ENTRUSTS the situation of the adolescent X , to the Director of Youth Protection for the execution of this order. [ 15 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Marie-Michelle Grenier, attorney for the Director of Youth Protection Me Samuel Richard-Guertin, attorney for the youth Me Jennifer Lévesque-Girard, attorney for the mother Me Catherine Dionne-Marcotte, attorney for the father Date of hearing: August 22, 2022