2020 QCCQ 13197, 2020 QCCQ 13197

Protection de la jeunesse — 201013 2020 QCCQ 13197 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000639-192 DATE: February 26, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 ] Until recently, the child lives with his mother. Last December, a crisis takes place, involving the mother, the father and the maternal grandmother, in the presence of the child. [ 2 ] Following that outburst, the director of youth protection (DYP) applies immediate protective measures in order to entrust the child to his father.

He remains there ever since. [ 3 ] According to the DYP, the child is submitted to psychological ill-treatment and to a serious risk of neglect, due to his mother’s personal issues. Therefore, the DYP asks the Court to order the application of protective measures and notably entrust the child to his father for months to come. [ 4 ] Both father and son agree with the DYP. The mother’s opinion is that the father cannot take care of the child and she would rather have him entrusted to the maternal grandmother. [ 5 ] Following the hearing, the Court renders judgment orally and grants the application.

Here are the reasons supporting that decision. [ 6 ] The mother has to deal with long-lasting personal problems which prevent her from playing her parental role adequately. She still suffers from consequences of her past. She remembers, from her own childhood, living in fear and being exposed to domestic violence. She suffers from post-traumatic stress disorder (PTSD). [ 7 ] Talking with the youth protection delegate, the mother describes her relationship with her own mother as horrible. However, the grandmother appears to be very present in the child’s life.

Obviously, the relationship between the mother and grandmother is strained and complicated. [ 8 ] When the DYP has to intervene, in December, the mother is obviously not doing well. She does not recall anything about her presence in court on December 19. The Court then witnesses the mother’s strange attitude, speech and behaviour. [ 9 ] Therefore, the Court does not give any credit to the mother’s account of what takes place a few days before and leads to the intervention of the DYP.

[ 10 ] The Court rather believes the narrative of the child and the father. Moreover, the grandmother also relates the same version to the youth protection delegate at the outset. [ 11 ] In the presence of the child, an altercation occurs and the mother attempts to attack the grandmother. The father steps in and stops her. [ 12 ] Shortly after, the youth protection delegate meets with the child to discuss his overall situation. He then reveals that his mother is mean to him, calling him names, swearing and never being satisfied of him. He adds that she drinks abusively, and leaves him alone often.

He also talks about his mother’s peculiar discourses and behaviour. [ 13 ] Concerning the relationship between the mother and the grandmother, the child states that they fight a lot. He witnesses his mother attempting to physically attack his grandmother on two occasions. It scares him when it happens. [ 14 ] The child tells the youth protection delegate that his mother needs help and rehab. He does not feel safe when she drinks. [ 15 ] Since living with his father, the child is doing well at home and in school.

He says, through his lawyer’s voice, that he is happier and less stressed than before. [ 16 ] Nothing in the evidence raises concern in regard to the father’s capacity to care for the child. The father works as a truck driver and sometimes has to leave for more than a day. Recently, he makes arrangements with the maternal grandmother and the child spends time at her place while the father is away. He is currently in the process of changing job to accommodate being at home with his son. [ 17 ] Moreover, the father shows compassion towards the mother.

He thinks that she is a good mother when she is sober and emotionally stable. He also has a good relationship with the grandmother. [ 18 ] The evidence convinces the Court that the child suffers from psychological ill-treatment because of his mother’s attitude and behaviour towards him and also in regard to him being exposed to the mother’s outbursts. There is also a serious risk of neglect pursuant to the mother’s addiction and mental health issues. [ 19 ] The measures that the DYP recommend meet the child’s best interest. [ 20 ] The grandmother takes an active

part in the child’s upbringing over the years. Of course, the Court does not blame the grandmother for supporting her daughter and grandson. However, the grandmother is not the parent. We cannot put aside the father to entrust the child to the grandmother. It would be against the child’s interest, and against his wish as well. [ 21 ] On the mother’s side, there is hope for the future. She receives help and takes a new medication. She feels it allows her to remain calm. At the hearing, she is obviously in better shape than she was in December.

She is a loving mother and hopefully her situation will improve in the next few months. [ 22 ] The goal is also to rebuild a healthy and trusting relationship between the child and his mother. At this time, the child is reluctant to meet his mother. He only sees her once since moving in with his father. However, prior to the hearing, he says he wants to have a visit with her. [ 23 ] With all parties’ cooperation and professional help, the Court is confident for the future.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)2 o et 38c) of the youth protection act ; [ 26 ] ORDERS that the child be entrusted to his father, until July 31, 2020; [ 27 ] ORDERS that contacts between the child and his mother be determined according to agreement between the parties and AUTHORIZES the DYP to supervise them; [ 28 ] RECOMMENDS that the mother continue to actively participate in follow-up with a psychiatrist and psychological treatment if deemed necessary; [ 29 ] RECOMMENDS that the child actively participate in psychological counselling to help deal with his personal issues; [ 30 ] RECOMMENDS that the mother participate in anger management; [ 31 ] ORDERS that the parents receive external education services; [ 32 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 33 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until July

31, 2020; [ 34 ] 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. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Me Ariane Cayer for the mother Mr. B the father Written judgment filed on March 9, 2020