2019 QCCQ 10007, 2019 QCCQ 10007

Protection de la jeunesse — 191066 2019 QCCQ 10007 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000490-186 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2013 Child and A and B Parents/Defendants ______________________________________________________________________ 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 two children aimed by the present decision are respectively five and four year-old, and therefore very vulnerable. Up until recently, they live with their parents. Their situation is reported to the director of youth protection (DYP) last October. [ 2 ] The DYP now asks the Court to declare that the security or development of both children are in danger and to entrust them to the mother, at the exclusion of the father.

Neither parent is present at the hearing. [ 3 ] The situation revealed by the evidence can be summarized as follows. [ 4 ] One of the reports received by the DYP was about the children being subjected to psychological ill-treatment as they would be exposed to domestic violence. When the social workers first meets with the little girl, the latter tells her a fight took place at home that morning. Met shortly after, the father then admits that he pushed her spouse, she fell on the ground and hit her head.

According to the social worker, the father appears to be under the influence of drugs and/or alcohol. [ 5 ] On the same day, the mother tells the social worker she is leaving her spouse. [ 6 ] Afterwards, and during a few weeks, the mother, when discussing with the social worker, says everything is fine and the incident of violence is an isolated event. The father has the same version, on the very few occasions the social worker is able to talk to him. Twice, the social worker goes to his place and the father is under the influence.

During that period of time, it seems very difficult to know what is really going on. [ 7 ] On November 27, the mother discloses she has been a victim of domestic violence for years. The last event took place the previous night, when her spouse hit her, chocked her and dragged her by the hair. She says the situation worsens in the last few months. She adds that the father takes drugs, notably speed, on a daily basis. [ 8 ] On the same day, the mother provides a statement to the police about the violence she suffers, but she refuses to press charges.

However, she agrees to go to a women’s shelter with her children. [ 9 ] Following the mother’s statement, the father is arrested and then released with conditions to respect. He is forbidden to have

contacts with the mother. [ 10 ] On November 29, the father talks with the social worker and denies being violent towards his spouse. The social worker is not able to get in touch with him afterwards. [ 11 ] Another issue arises from the evidence. There is a serious risk of neglect for the children. Last fall, the school notices that their hygiene is very poor. When the little boy arrives in the morning, his diaper is already full. Both children have dirty skin and nails and sometimes they smell bad.

It would also be difficult to reach the parents. [ 12 ] The mother says she is willing to cooperate with the DYP and to undertake any required follow-up. Her friends and family support her. [ 13 ] If she does not resume her relationship with the father, the mother is most likely able to take care of the children, with help from her network and from professionals. [ 14 ] The exposure to domestic violence those children suffered has impacts on them. Despite his young age, the little boy sometimes displays violent behaviour towards his peers in school.

As for the young girl, she says that they could find a nicer father. They must not be exposed to violence again. [ 15 ] The Court is convinced, on the balance of probabilities, that the application is well founded. The recommended measures appear to be in the children’s best interest.

WHEREFORE, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to sections 38c) and 38b)2 o of the youth protection act ; [ 18 ] ORDERS that the child remain with her mother, at the exclusion of the father; [ 19 ] ORDERS that contacts between the child and the father be determined upon an agreement between the parties and that they be supervised; [ 20 ] RECOMMENDS that the father submit himself to random drug screening tests; [ 21 ] RECOMMENDS that the parents begin and/or continue their personal follow-ups for their personal issues; [ 22 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation; [ 23 ] ORDERS that the parents report periodically to the DYP concerning 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 or development of the child is in danger; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until January 31, 2020; [ 25 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant

Me Alexis Deschênes for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on January 15, 2019