2018 QCCQ 19449, 2018 QCCQ 19449

Protection de la jeunesse — 1810760 2018 QCCQ 19449 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000797-172 DATE: October 30, 2018 (written judgment rendered on December 14, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2011 [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 95 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 revise a decision rendered on March 29, 2018, regarding the child X, born on [...], 2011. At that date, the Court declared the security and development still in danger and entrusted the child to the paternal grandparents, Mr. C and Ms. D until November 28, 2018. The DYP asks the Court to extend this decision until May 31, 2019. [ 2 ] The mother is present and represented by Me Tommasel.

She recognizes that the security and development of the child are still in danger and she agrees with the measures. [ 3 ] The father is present and represented by Me Léonard. He also recognizes that the security and development of the child are still in danger and he agrees with the measures. [ 4 ] The child is present and represented by Me Neptune. She agrees with the measures. Historical situation [ 5 ] In September 2017 , the situation of the child was submitted to the Court. The child was quite 6 years old. The parents lived separately and the mother had the custody of X and her two siblings.

The mothers had a new boyfriend, and violent events were reported between them. Physical abuses on X’s brother was also reported. [ 6 ] At that time, the mother minimized the impact of her relation on her children. This man was declared guilty of sexual assault on a child in 2015 and was detained. Sexual abuses on X by an adolescent living in the house were reported.

The mother left the house with her children but came back two months after and she did not take steps to obtain services from CAVAC as requested by the worker. [ 7 ] During the same period, the father was unable to take care of the children but considering they were entrusted to the paternal grandparents, he had the opportunity to see them often. [ 8 ] The Court declared the security and development of the child in danger [1] and entrusted the child to the paternal grandparents until March 29, 2018. [ 9 ] On March 29, 2018 , the child was still at the paternal grandparents’ place and she was doing well.

The mother was involved in a new relation but she still had alcohol problems and personal issues with suicidal ideation. The situation of the father remained the same. The Court maintained the child with the paternal grandparents until November 28, 2018. Facts [ 10 ] The child is doing very well at the grandparents’ place but she would like to live with her mother. She is also doing very well at

school. [ 11 ] The mother still has alcohol consumption problems but is able to be sober during the contact with the child. She is not with her violent boyfriend anymore. She will start working at the restaurant shortly. [ 12 ] She calls the child many times a week. She also frequently comes from Town A to Town B to visit her child and stays at the paternal grandparents’ place. The relation is very good between them, and the grandparents facilitate those contacts. [ 13 ] The father’s situation is still the same.

He also sees the children frequently at his parents’ place. [ 14 ] The parents and the grandparents consider it would be in the best interest of the child to live with her mother. She is expecting her own house and is able to take care of her children. Analysis [ 15 ] The mother’s situation is getting better and she has to be encouraged to continue in this way.

The child is waiting for her and every family members hope she could have the children back shortly because it’s in their best interest. [ 16 ] The purpose of the Youth Protection Act is to help the parents to be able to take care of their children by themselves. The Court has confidence that the mother will be able to make it in a short delay. [ 17 ] During that time, the child has the chance to have very good grandparents who take good care of her and welcome her mother and are close to her father. In a few months she should be able to live with her mother as she wishes.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS this application; [ 19 ] DECLARES that the security and the development of the child X, born on [...], 2011, continue to be in danger; [ 20 ] ORDERS that the child be entrusted to Mr. C and Ms. D; [ 21 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that X receive health care and services required particularly regarding the sexual abuses; [ 23 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the parents remain sober in the presence of the child; [ 25 ] ORDERS that the mother refrain from any form of aggression or violence in the presence of the child; [ 26 ] ORDERS that the mother seek help through the Social Services concerning her alcohol, drug and personal issues; [ 27 ] ORDERS that the contacts between the child and the parents be supervised by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 28 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child, the parents and the grandparents; [ 29 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carded out; [ 30 ] THE WHOLE until May 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Marianne Léonard, attorney for the father Date of hearing: October 30, 2018