2018 QCCQ 19458, 2018 QCCQ 19458

Protection de la jeunesse — 1810770 2018 QCCQ 19458 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000854-189 DATE: October 30, 2018 (written judgment rendered on December 12, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [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 (Director) asks the Court to revise a decision rendered on May 24, 2018, regarding the child X, born on [...], 2017. At that date, the Court declared the security and development in danger and ordered that the child remain with her parents until October 31, 2018. [ 2 ] The Director asks the Court to extend the decision until October 31, 2019. [ 3 ] The mother is present and represented by Me Neptune.

She recognizes that the security and development of her child are still in danger and she agrees with the measures. [ 4 ] The father is present but not represented. He recognizes that the security and development of his child are still in danger and he also agrees with the measures. [ 5 ] After hearing the evidence, Me Léonard, the child’s lawyer submits to the Court that the measures suggested are in the child’s best interest. Facts [ 6 ] On May 24, 2018, Justice Lemoine declare the security and development of the child in danger [1] .

The parents were involved in a violent conjugal relationship, and the police intervened many times at their domicile. The mother was followed by the Social Services for her alcohol consumption issues. Both parents consumed cannabis and the father said that in his situation it was under a medical prescription. [ 7 ] For two weeks in January 2018, the child had been entrusted in a foster family. Following that, the child was entrusted to the father until the hearing.

The mother admitted having inappropriate behaviour with the child when she put her hand around the child’s neck. [ 8 ] Considering the parents’ desire to seek help and to collaborate with the Director, the Court entrusted the child to her parents. [ 9 ] Since the last hearing, the beginning of the follow-up was difficult. The mother did not collaborate well. On his side, the father collaborated and was very protective toward his daughter. [ 10 ] The mother is pregnant. [ 11 ] Since around six weeks, the Youth Protection worker sees an important improvement in the parents’ lives.

Progressively, the mother fells more confident with the Youth Protection services and she is now able to speak about her problems and the solutions.

[ 12 ] The parents went to the Social Services for their conjugal issues. The social worker was on vacation but they had their first meeting and they plan to attend on a weekly basis. Analysis [ 13 ] The evidence shows that the improvement is very recent and the situation is still fragile. That being said, the parents took steps by themselves and they should be encouraged in this way.

FOR THOSE REASONS, THE COURT: [ 14 ] GRANTS this application; [ 15 ] DECLARES that the security and the development of the child X, born on [...], 2017, continue to be in danger; [ 16 ] ORDERS that the child remain with her parents; [ 17 ] ORDERS that the parent report periodically to the Director of Youth Protection on 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 and development of the child are in danger; [ 18 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 19 ] ORDERS that the parents remain sober in the presence of the child; [ 20 ] ORDERS that the parents refrain from any kind of aggression or violence in the presence of the child; [ 21 ] Considering the mother’s consent, ORDERS that she submit herself to a psychological evaluation and follow the subsequent recommendations; [ 22 ] Considering the parents’ consent, ORDERS the parents to seek help through the Social Services concerning their conjugal and alcohol consumption issues; [ 23 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and the child’s family; [ 24 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carded out; [ 25 ] THE WHOLE until October 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

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