2020 QCCQ 7304, 2020 QCCQ 7304

Protection de la jeunesse — 206135 2020 QCCQ 7304 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002330-196 640-41-002331-194 640-41-002332-192 640-41-002333-190 DATE: February 24 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2003 Y, born on [...] 2010 Z, born on [...] 2015 A, born on [...] 2013 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.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 ] The Director of Youth Protection (the “Director”) submits that the security of the children, X, Y, Z and A are in danger. [ 2 ] The four children and their mother are present in Court. [ 3 ] The mother admits most of the alleged facts and agrees with the proposed measures. [ 4 ] X and Y admit part of the alleged facts but do not want to pronounce themselves as to the proposed measures. [ 5 ] The father, represented by a lawyer, admits some of the alleged facts, agrees that the children be entrusted to the mother but would like to have an open access to the children. [ 6 ] The Director asks that the children be entrusted to the mother with the exclusion of the father. [ 7 ] The social worker explains that the contacts between the father and the children could be organized after discussion with the father.

[ 8 ] The father is actually detained. [ 9 ] X is 16 years old. Y is 9, A is 6 and Z is 4. [ 10 ] The enquiry on their situation on February 24 th 2020 lasted for more than two hours. The children stayed in the courtroom throughout the hearing.

They were calm and quiet. [ 11 ] The family had signed a voluntary agreement with the Director in June 2019. [ 12 ] The father had been physically abusive with X and the three other children were at risk to be abused. [ 13 ] X now denies that her father would have punched her in the face during that period of 2018. [ 14 ] The mother later confirmed the existence of conjugal violence and alcohol abuse in front of the children. [ 15 ] X showed suicidal ideations. She was fed-up to need to take care of her siblings when her parents were intoxicated. [ 16 ] X gave birth in [...] 2019.

Her baby was very sick and passed away in October 2019. This very sad event was a shock for the whole family. [ 17 ] The Director respected the family’s grieving and offered condolences on October 28 th 2019. The baby passed away on October 4 th 2019. [ 18 ] On January 3 rd 2020, a report was made concerning a burn on A’s chest. Questioned about this injury by the police, he said that his father had done it. [ 19 ] Four weeks later, the mother told the Director that she had seen everything and that it was an accident. A cigarette had fallen inside A’s shirt and that the father’s action had not been intentional.

Both parents were intoxicated at that time. [ 20 ] The child was seen by the social worker later on and said that he was glad that his father was not home but did not give any further details as to what had happened. [ 21 ] The mother is very sincere when she says that she wants to favour her relationship with her children and to collaborate with the Director. [ 22 ] The father will be released from detention on March 14 th 2020 but does not know where he will stay at the time of his return to the community.

He says that he has followed a therapy during his detention. [ 23 ] The mother can count on an extended safety net with her family within the community, but does not always rely on them when she is intoxicated. [ 24 ] The available evidence does not support the physical abuse alleged against the father. It points out that the children are victim of psychological ill-treatment and that the parents fail to provide appropriate supervision to them.

FOR ALL THESE REASONS, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the children, X, Y, Z and A are in danger; [ 27 ] ORDERS that the children be maintained with the mother with the exclusion of the father; [ 28 ] ORDERS that the contacts between the children and the father be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 29 ] RECOMMENDS that the mother inform the Director of Youth Protection when the father asks to be in contact with the children; [ 30 ] ORDERS that the children and the parents take an active

part in the application of the measures; [ 31 ] ORDERS that the children and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 32 ] ORDERS that the parents remain sober in the presence of the children; [ 33 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 34 ] ORDERS that the parents seek help through social services concerning their alcohol and personal issues; [ 35 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 36 ] RECOMMENDS that help be provided to X and to the family by the Director of Youth Protection to help them for the grieving of X’s baby;

[ 37 ] ENTRUSTS the situation of the children, X, Y, Z and A, to the Director of Youth Protection for the execution of the measures; [ 38 ] THE WHOLE until August 31 st 2020. __________________________________ JEAN GRAVEL, J.Q.C. Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the children Mtre Daniel Crespo, Attorney for the mother Mtre Angele Tommasel, Attorney for the father