2018 QCCQ 13107, 2018 QCCQ 13107

Protection de la jeunesse — 183599 2018 QCCQ 13107 JB5047 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 455-41-001111-178 DATE: January 10, 2018 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILD: X Born on [...], 2011 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection, working at […] Applicant and A , […] Father and B , […] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.

Introduction [ 1 ] The Director is requesting that the security and development of X be declared in danger for the motive of neglect on educational level. [ 2 ] Today the Director is recommending that Y be maintained with his mother, with aid, counsel and assistance and other measures, the whole for a period of 9 months. [ 3 ] The mother denies a few allegations but admits that the situation of the child is compromised. [ 4 ] The mother agrees with the recommended measures [ 5 ] The father is absent, despite being duly served. The Director tried to reach him without success.

The Court proceeds in his absence. [ 6 ] After hearing the evidence, the child’s counsel recommends to the court a shorter order because of the mother’s plan to move to City A by the end of the school year. Question in litigation

[ 7 ] Are the security and development of the child in danger? In the affirmative, do the recommended measures answer the needs of the child and are they in his best interest? Context and Analysis [ 8 ] The parents have been separated for many years and the mother has legal custody of the child. [ 9 ] The child has not seen his father for about a year. [ 10 ] The mother has been in a relationship with Mr. C for 4 years. Their relationship ended in May 2017. They have a child together, Y who is 3 years old. [ 11 ] When the couple lived together, Mr.

C assumed the authority with the child as the mother was more lenient. She claims to be more flexible and Mr. C more strict. [ 12 ] The child still has contacts with Mr C. [ 13 ] The child’s behaviours can be difficult at home: he can oppose and disrespect his mother. [ 14 ] His behaviour can also be difficult at school: he can throw objects, oppose, play tricks, hit others or be agitated; he tends to be lunatic and unmotivated. [ 15 ] In school, the child sometimes mentioned he was scared of Mr. C. He also said to the worker he did not like it when Mr. C was not nice with his mom. [ 16 ] Mr.

C admits that he used to use inappropriate means to discipline the child and his half-brother but says he is now using the “stand in the corner” method and that it works. [ 17 ] On September 4 th , 2017, the police intervened because of a quarrel between the mother and Mr. C. [ 18 ] Two marijuana plants were seized in the mother’s living room where they were accessible to the children. [ 19 ] The child was made aware of the police intervention and the seizure. [ 20 ] The child knows of his mother’s marijuana’s consumption.

In school, he draw a picture of his mother smoking a “bong”. (Exhibit D-5) [ 21 ] Both mother and Mr. C smoke marijuana on a regular basis. [ 22 ] The mother’s consumption before was about 3-4 times a day. Right now she claims only having a joint before she goes to sleep and sometimes during the day when her children are not home or napping. She says she goes outside to smoke it. [ 23 ] Mr. C’s consumption is regular. He claims he uses to manage is stress level.

He does not use in the presence of the children He would go outside and use only when the children are absent or sleeping. [ 24 ] The mother is receiving services from the CLSC regarding stimulation and structure at homme. [ 25 ] She is also attending the A group session. [ 26 ] The mother agrees that she would benefit from the advice of an educator. [ 27 ] The mother and Mr. C are currently neighbours but this might change soon as the mother plans to move to City A. [ 28 ] She says she wants to be closer to her family and take some distance from Mr.

C. [ 29 ] But this move would involve X changing school and he needs stability and to attend regularly. [ 30 ] The Director has proven that there is a situation of educational neglect from the maternal home. [ 31 ] There is also the fact that X was exposed to conjugal conflict and violence. This can affect his behaviour. [ 32 ] The mother is collaborating with all services involved in the child’s life and is willing to improve her parental skills. However, it seems it is very hard for her to apply the recommendations. [ 33 ] She needs to be playing a stronger role disciplining and imposing rules to the child. Mr.

C, who took alone that role before, will have to let her take this place. [ 34 ] The mother will also have to make sure that marijuana use does not hamper her parental capacity. [ 35 ] The Court concludes that the recommended measures answer the child’s needs and respect his rights and interest. [ 36 ] However, the Court will grant a shorter order to allow the situation to be clarified in terms of the mother’s moving to City A and how the child is ensured of the means to continue to develop well. [ 37 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the

parties. FOR ALL THESE MOTIVES THE COURT: GRANTS the present application for protection; DECLARES that the security and development of the child X are in danger in regards neglect on educational level; ORDER that the child X remain in his maternal environment; TAKE NOTICE that the child visit, on a regular basis, the mother’ ex-spouse, Mr. C; ORDER that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and his family until the [...]th, 2018. ORDER that the contacts between the child and his father be following agreement between the parties; ORDER that the mother take an active

part in the application of the measures ordered; ORDER that both the mother and Mr. C refrain from using marijuana while the child is in their care; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. . ___________________________________ PASCALE BERARDINO, J.C.Q. M e Louise Martel DYP’s counsel M e René Sévigny Children’s counsel M e Maryse Pinsonneault Mother’s counsel Date of hearing: January 10, 2018 Motives signed and filed: February 14, 2018 File exhibits: D-2 to D-5