2010 QCCQ 18500, 2010 QCCQ 18500

Protection de la jeunesse — 106944 2010 QCCQ 18500 JG0696 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] “Youth Division” No.: 600-41-000503-103 Date: December 21, 2010 ______________________________________________________________________ PRESIDING BY THE HONOURABLE GILLES GENDRON, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , exercising her profession at the Centre jeunesse A, having a place of business […], City A, district A Petitioner and X, […], City A, district A, […] Child and A , […], City A, district A, […] Mother ______________________________________________________________________ JUDGMENT (Sections 38 & 75 Y.P.A., R.S.Q. c.

P.-34.1 [ 1 ] The Youth protection director seizes the Court with a petition asking to declare the security and development of X, born on […], 2003, as being compromised in regard to paragraphs b) 2 o and

c) of

Section 38 YPA. [ 2 ] The mother and the child are present and represented at the hearing. The mother does not contest the allegations and she agrees with the recommendations; the child ignores most of the facts but she agrees with the recommendation to be entrusted to her mother. THE FACTS [ 3 ] Until July 2010, the child lived with her mother, the mother’s spouse and her one-year-old half-brother. During the last months, she was several times exposed to conjugal violence; episodes of violence often occur between the mother and the mother’s spouse.

Most of the time, the mother is, in these circumstances, under the influence of alcohol. [ 4 ] Between May and July 2010, the child, her half-brother and the mother took refuge five times in a women’s shelter after a conflict occurred between the parents. More than one time, bruises were seen on the mother’s body at her arrival at the shelter. The police had to intervene at some occasions. Since July, the mother is still at the women’s shelter and refuses the contacts between her children and her spouse. She also refuses to talk to the petitioner about her intentions regarding her situation.

Her spouse, at that time,

recognizes that their conflicts happen when he is not sober. [ 5 ] Considering the evidence, the Court is convinced that the parents’ consumption problem is founded and serious enough to constitute a risk of neglect according to the law. The facts regarding the situation of domestic and family violence seem also founded and serious enough to constitute a situation of psychological ill-treatment according to paragraph c) of

Section 38 YPA, especially as the mother and her spouse still do not know if they will continue their relation or not. [ 6 ] Proceeding to the determination of the applicable measures, the Court read the social study and agrees with the analysis of the situation (page 7): “We have (a) 7-year-old child who until recently lived with her mother and her mother’s spouse who both had personal problems. Although a first step was taken by accepting to receive help for her problems, the mother must continue to progress in order to stabilize her situation.

She must continue to receive help for her consumption and gambling problem. A medical follow-up is also essential since certain behaviours observed regarding her psychological condition are troubling. The couple is presently separated and the situation seems to want to continue. This constitutes a protection factor for the child who is no longer exposed to family violence. However, the mother’s personal situation is still fragile. Therapeutic services are necessary for her recovery. The risk of neglect for X is still very high. Mrs.

A presently has help, supervision and intensive support through the women’s shelter. The next few months will allow us to see how she will behave in a less supervised living environment while living alone with her child .” ( Our underlined ) THEREFORE, THE COURT: GRANTS the present petition; DECLARES that the security and development of X, born on […], 2003, as being compromised in regard to

Section 38 b) 2 o and

c) YPA; ORDERS • that the child be entrusted to her mother who will have to report periodically to the director on the measures she applies in her own regard or in her child’s regard to put an end to the present situation, • that aid, counseling and assistance be offered to the child and to her mother, • that the mother actively participate in the measures set up to resolve the situation endangering the child’s security and development, • that she continue the therapeutic steps undertaken for her consumption and gambling problem for as long as deemed necessary by the professional providing the service, • that she abstain from consuming drugs and alcohol in the presence of her child; AUTHORIZES the professionals providing therapeutic services to the mother to communicate with the DYP in regard to her attendance, level of collaboration and progress of her situation only; ENTRUSTS the situation of the child to the director who shall see that the measures are carried out; FIXES the duration of the ruling at six (6) months. _________________________________ GILLES GENDRON, JCQ M e Julie Lemire Counsel for the DYP M e Nathalie Samson Counsel for the child M e Imane Kamal Counsel for the mother Date of hearing: November 22, 2010