2017 QCCQ 6893, 2017 QCCQ 6893

Protection de la jeunesse — 173106 2017 QCCQ 6893 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31904-162 Date: March 16, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2016 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of March 16, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed an Amended Motion to declare that the security and development of a child is in danger in the case of X , a one year-old child, based on the conjugal violence to which she is exposed. [ 3 ] The facts alleged in support of the amended motion dated March 8, 2017 are as follows: 3.1. as relevant background information, the child resides with her mother, her (…) father who lives in Canada on an expired visa, and three older half-siblings; 3.2. as relevant background information, the situation of the child’s half-siblings is following by the Director of Youth Protection, as it appears more fully from the court decisions in files 525-41-030383-152, 525-41-030384-150 and 525-41-030385-157, filed herein; 3.3. the child is seriously and repeatedly subjected to behaviour on the part of her parents that could cause her harm and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the child’s (…) parents have a conflictual relationship;

b) on or about August 2, 2016, there was an argument between the (…) parents which reportedly escalated into a verbal altercation, while they deny any physical violence, scratch marks were observed on Mr. B’s (…) neck and Y and Z reported that the confrontation became physical;

c) the mother is socially isolated;

d) the mother is experiencing financial difficulties and there has been little food in the house; 3.4. the mother does not meet the child’s basic needs in failing to give the child the care required by the child’s physical or mental health, or not allowing the child to receive such care, more particularly but not restrictively in that:

a) the child has a cleft palate for which she requires medical follow-up however, a number or appointments were missed; 3.5. the mother lacks insight into her own difficulties which impact on the child (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her parents with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Verreault-Nantel, admitted all the facts alleged in support of the motion and expressed her consent to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, also admitted all the allegations and consented to the proposed measures. [ 7 ] Me Marceau, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Decisions in files 525-41-030383-152, 525-41-030384-150 and 525-41-030385-157, dated March 18, 2016; D-2: Copy of the child’s birth certificate; D-3: Court Report, prepared by [Social Worker 2], dated November 18, 2016; D-4: Addendum, prepared by [Social Worker 1] and [Social Worker 3], dated March 9, 2017. [ 9 ] In

summary, the parents acknowledge the need to take steps to protect their child and prevent her from being exposed to their conflicts.

They agree to collaborate with social services to redress the situation. [ 10 ] More particularly, the father recognizes the negative impact of his alcohol consumption and undertakes to refrain from consuming any alcohol in the child’s presence. [ 11 ] He is also strongly encouraged to address his stated daily use of cannabis. [ 12 ] In addition, the parents have begun to receive couple counselling and claim to be willing to take any necessary steps to ensure their child’s well-being. [ 13 ] Finally, since the date of the motion, steps have been taken to effectively provide the child with appropriate health care services for her cleft palate. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the child, X , are in danger under

section 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child be entrusted to the care of her parents; [ 18 ] ORDERS that both parents ensure that the child is not exposed to conflicts, hostility or aggression between the parents; [ 19 ] ORDERS that the parents not consume any alcohol in the presence of the child; [ 20 ] RECOMMENDS that the father benefit from a substance abuse assessment; [ 21 ] RECOMMENDS that the parents submit to random drug/alcohol testing; [ 22 ] RECOMMENDS that both parents continue couple counselling and follow any recommendations from their therapist; [ 23 ] ORDERS that the child continue to receive all health care services required by her condition, more particularly her cleft palate, if necessary; [ 24 ] ORDERS the parents to ensure that she receives the services that she requires; [ 25 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and her family; [ 26 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out;

[ 27 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the child Me Mélodie Verreault-Nantel Attorney for the mother TD/vl