2022 QCCQ 8275, 2022 QCCQ 8275

Protection de la jeunesse — 225000 2022 QCCQ 8275 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 565-41-000499-224 DATE: March 16, 2022 ______________________________________________________________________ BY THE HONOURABLE SYLVAIN MEUNIER, J.C.Q ______________________________________________________________________ [SOCIAL WORKER 1] , person authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant et X Child, born on [...], 2014 et A B As parents ______________________________________________________________________ JUDGMENT (Art. 38 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine. [ss. 11.2, 11.2.1, and 135 Y.P.A .] OVERVIEW [ 1 ] On 8 November 2021, the Director retained a report concerning the child. The reasons for this are that the child is at serious risk of neglect in relation to the mother’s mental health and is at serious risk of physical abuse by the mother. [ 2 ] The mother has diagnoses of bipolarity and personality disorder which make her experience psychotic episodes. [ 3 ] On 8 November 2021, the mother made death threats to the father and the child while the father was at the police station.

The police officer witnessed her threats. [ 4 ] The father has legal custody of the child by a Superior Court judgment, and the mother, has weekend access. [ 5 ] The parents in agreement with the Director recognise that the child’s situation is compromised for the reasons given above. They submit protective measures that they and all parties agree are appropriate for the welfare and protection of the child.

DECISION [ 6 ] The Court declares the child’s safety and development compromised, on the grounds that he is at serious risk of neglect and physical abuse by his mother. [ 7 ] The Court will grant the protective measures that the evidence shows are appropriate to his needs. [ 8 ] The application is well founded it is in the interest of the child and respects his rights. [ 9 ] THEREFORE THE COURT : [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the child are compromised; [ 12 ] ORDERS the execution of the following protective measures:

a) That the child is entrusted to his father for a period of 12 months ;

b) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the child and his family for a period of 12 months ;

c) That the child receives all services required by his situation;

d) That the parents participate actively in the elaboration and the application of the intervention plan;

e) That the contact between the child and his mother is according to an agreement between the mother and the social worker, and if there no agreement possible the contacts will be supervised; [ 13 ] RECOMMENDS:

a) That the mother implicates herself in a mental health follow-up; [ 14 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ SYLVAIN MEUNIER, J.Q.C. Me Laura Normandin Counsel for the Director of Youth Protection Me Andréa Caron Counsel for the child Me Saran Madina Cissé Counsel for the mother M. B The father Date of hearing: March 16, 2022