2019 QCCQ 19553, 2019 QCCQ 19553

Protection de la jeunesse — 197988 2019 QCCQ 19553 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-41-000501-198 DATE: October 8, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2017 Child -and- A -and- B Parents ______________________________________________________________________ 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.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that the security and development of the child are in danger because of psychosocial ill-treatment and a serious risk of neglect according to sections 38c) and 38b)2 o of the Youth protection act Her brother is aimed by the same application. We proceed by common evidence. [ 2 ] At the hearing, only the father is present.

Despite the fact that he ignores, denies or denies as written some facts, he, nonetheless, agrees with the recommendations of the DYP. He does not testify in this case. The child is duly represented, and his counsel expresses his consent to the measures suggested by the DYP. [ 3 ] The DYP was initially involved in the family because of the older daughter of the mother, born from a previous union. There is a placement history concerning that particular child, mainly caused by the instability of the mother, exposure to domestic violence and neglect issues.

The child in question was entrusted to a foster family, but after the mother made a positive change in her life, the child was returned to her care. [ 4 ] However, on April 19, 2019, the parents of the child involved in this case, split up. The situation has worsened following their separation, conflicts between them break out. From then on, several elements previously hidden or denied by the parents are revealed as episodes of conjugal violence, addiction problems and instability. [ 5 ] The mother is not transparent about her whereabouts.

She mentions going visit her family in [Province A] ([Province A]) with her eldest and was supposed to return on a certain date as agreed on, but she did not. Furthermore, she was elsewhere in fact, in [Province B] at her new boyfriend’s residence. Recently, we have learned that the mother is detained in [Province A], but little information is disclosed by the latter to that matter. [ 6 ] The father’s situation is also worrying. For a long time, he has been suspected of having a drinking problem, which he denies, even if during an intervention of the DYP he was drunk.

He was also arrested for driving a vehicle while impaired by alcohol. However, when he drinks he brings the children to the paternal grandmother to be taken care of. [ 7 ] During a surprise visit to the father, the children are present in his care because the mother was suffering from a hernia and she could not lift heavy loads. His apartment is messy and things hang around, including cans of beer. The father admits that the children witnessed verbal violence between him and the mother. His collaboration with the DYP is mitigated since he is not available and it is hard to reach him sometimes.

Moreover, he is lacking transparency with the services just like the mother.

[ 8 ] Through that period, the paternal grandmother is always implicated with the parents in order to help them. She is a significant and positive person who has remained a reliable person for them. Since the parents have been separated, the paternal grandmother ceases to support the mother and took his son’s side. However, she is still involved with the children. Most of the time the children are with her. [ 9 ] Even if the paternal grandmother takes good care of the children’s needs and has a positive bond with them, still some concerns remain. She is not always transparent with the professionals.

She did not contact the DYP when the problems occurred with the children’s parent. She moves a lot and her ability to protect the children is questionable. However, with the proper follow-up and support the situation can be managed. A few surprise visits were done at her residence and everything was adequate. [ 10 ] In the past, the mother manages to improve and was implicated towards the services, leading to the return of her elder daughter. Sadly, she returned to her old ways and failed to maintain a stable situation and maintain the achievements she gained previously.

Regarding, the father he does not seem implicated fully with the children and does not get involved with the DYD as well as services. [ 11 ] Obviously, the parents are not in a position to provide for their children a structured, secured and stable environment. At this point, the paternal grandmother, despite some concern, can offer such a place. For the time being, changing the children’s environment would have negative impact on them.

Nevertheless, she must be advised that if she cannot respect the measure ordered or if the situation change, other measures would be considered for the children. [ 12 ] The evidence demonstrates that the security and development of the child are in danger. Under the circumstances and considering the evidence, the admissions and the consent, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to

section 38c) and 38b)2 o of the Youth protection act ; [ 15 ] ORDERS that the child be entrusted to her grandmother, Ms.

C; [ 16 ] ORDERS the contacts between the child and her mother take place following an agreement between the parties and that they be supervised as long as deemed necessary by the DYP; [ 17 ] ORDERS the contacts between the child and her father take place following an agreement between the parties; [ 18 ] FORBIDS the parents from exposing their child to any kind of violence; [ 19 ] RECOMMENDS the parents involve themselves in follow-ups for their personal difficulties; [ 20 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and her family until April 30, 2020; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschenes for the father Mrs. A the mother (absent)

Written judgment filed on October 18, 2019.