2018 QCCQ 20403, 2018 QCCQ 20403

Protection de la jeunesse — 1811632 2018 QCCQ 20403 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002244-181 DATE: November 20, 2018 (written judgment rendered on April 11, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2015 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2015, are in danger under sections 38 (b) (1) i. and (b) (1) iii. [1] of the Youth Protection Act . Position of the parties [ 2 ] The mother is present and the father is absent. Both are represented by Me Tommasel.

They admit most of the allegations and they agree with the measures. [ 3 ] After hearing the evidence, Me Neptune the child’s lawyer, submits that the situation of X should be declared in danger and invites the Court to grant the recommended measures. Facts [ 4 ] X is 3 years old. She has a brother, Y who is 5 years old. Her brother has medical issues and requires a lot of care and supervision on a daily basis. [ 5 ] The parents have alcohol consumption issues, and until recently, financial difficulties.

The children did not always have enough food and the parents explain not having time to cook, but they do not work. [ 6 ] The mother found a job as a translator for the nursing. Since this new job, the parents did not ask for food or for financial support. [ 7 ] Between June and August 2018, the DYP received four reports regarding the lack of follow-up from the part of the parents about the health of Y. Because he did not receive the appropriate care, he had to be medevac and the medical staff was scared not to be able to maintain the child alive.

Since that time, Y has been entrusted to a foster family. [ 8 ] The weekend before the court hearing, the father was arrested for conjugal violence and release with conditions. X was very scared to see her parents intoxicated. [ 9 ] X is staying at home with the father all day. The DYP worker noted a lack of stimulation. She is watching television all day and she is not going outside. The DYP explained to the parents the importance for X to go at the daycare, to see other children and to develop herself.

The parents always refused, but at the court hearing the parents agree with this measure. [ 10 ] The mothers offer a good collaboration to the DYP. Every time it’s requested, she comes at the office. The situation is different with the father. He does not appreciate the services of the DYP and reproach to be there to take off the children from the parents.

analysis [ 11 ] X is living in an environment where she is at risk. She is at risk not to receive answers to her basic needs and to her emotive needs. Fortunately, contrary to her brother, she is in good health and physically she is developing well. [ 12 ] Because of the family dynamic, she is confronted with domestic violence and alcohol consumption. She does not have the stimulation needed for a three-year-old child. [ 13 ] The Court appreciates that the parent consent that X attend daycare. It will be positive for her.

FOR THOSE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child X, born on [...], 2015, are in danger under sections 38 (b) (1) i. and iii. of the Youth Protection Act ; [ 16 ] ORDERS that the child remains with the parents; [ 17 ] ORDERS that the parents periodically report 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 and development of the child are in danger; [ 18 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that the child attend a childcare establishment at least three days a week; [ 20 ] ORDERS that the child and the family receive the services of an external educator on a regular basis; [ 21 ] ORDERS that the parents remain sober in the presence of the child; [ 22 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues and to accept to participate in the sand therapy organized in City A; [ 23 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the family; [ 24 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Sarah Bourgeois-Lessard, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the parents Date of hearing: November 20, 2018