2020 QCCQ 12360, 2020 QCCQ 12360

Protection de la jeunesse — 208621 2020 QCCQ 12360 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-036385-201 DATE: August 3, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2008 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on August 3, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development are compromised due to a serious risk of neglect and a situation of psychological ill-treatment. [ 3 ] On March 11, 2020, the hearing was postponed as the father wanted to be represented by counsel.

The Tribunal ordered on a provisional basis that the child be entrusted to the mother’s care, at the exclusion of the father. [ 4 ] Today, the Director recommends that the child be entrusted to the mother’s care and that diverse support measures be ordered for a period of nine months. [ 5 ] The father is absent and was duly notified of the Court hearing. [ 6 ] The mother and child’s attorneys are in agreement with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] The parents reside with the child and the child’s adult sister. [ 9 ] The father consumes alcohol on a daily basis. He often drinks to the point of intoxication. He was not contributing financially and was not providing support to the mother. He rarely interacts with the mother and the children. [ 10 ] The child has been witness to numerous and regular situations of conflict between his parents. He mentioned to the Youth Protection worker that he had difficulty sleeping as he was worrying about his family. At times, when under the influence of alcohol, the

father becomes aggressive with the mother. On March 28, 2019, police had to intervene during a conflictual situation. The father was screaming and banging his head against a wall. [ 11 ] The mother has been receiving support from a social worker from St-Mary’s Hospital. [ 12 ] The child has a speech delay and has been receiving services from the Centre A.

The Youth Protection worker will have to inquire about a possible diagnosis of autism for the child. [ 13 ] The child is close to his sister, who provides support to him and the mother. [ 14 ] In the past, the parents were minimizing the situation at home and the impact of such situation on the child. The mother is isolated and feels powerless. [ 15 ] The father minimally collaborated with the Youth Protection worker. He does not consider his alcohol consumption as problematic. [ 16 ] Following the March 2020 Court hearing, the father left the family residence.

He is residing with friends. [ 17 ] From the period of confinement due to COVID-19 up until the beginning of May, the family situation has been increasingly tense. The mother and the sister have often screamed at each other during arguments. The child has been worried about this situation. Since May, there is less conflicts within the family. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the child is endangered ( sections 38

c) and 38 b) 2 of the Youth Protection Act ); [ 20 ] ENTRUSTS the child to the care of his mother; [ 21 ] ORDERS the suspension of contacts between the child and his father; [ 22 ] ORDERS that the parents ensure that the child is not exposed to any form of verbal or physical violence; [ 23 ] RECOMMENDS that the father undergo an alcohol assessment and follow through with the recommendations of the said assessment; [ 24 ] ORDERS the Director of Youth Protection to verify if a diagnosis of autism was made for the child and if so, ORDERS that the child receive the appropriate services; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] THE WHOLE for a period of nine months; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on September 2, 2020 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Mylène Saad Counsel for the child Mtre François Pelletier Counsel for the mother Date of hearing: August 3, 2020