2020 QCCQ 10155, 2020 QCCQ 10155

Protection de la jeunesse — 201409 2020 QCCQ 10155 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-034226-183 Date: January 8, 2020 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2017 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 8, 2020, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on November 1, 2018, whereby the now two year-old child, X , was entrusted to the care of her mother, at the exclusion of her father, with aid, counsel and assistance, for a period of nine months. [ 3 ] The Court was also presented with a similar application regarding the child’s half-brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for extension dated June 26, 2019, are as follows: 3.1. the mother initially presented as resistant with social services intervention; 3.2. the mother did not seek out the required services in the community; 3.3. the mother had a relapse in March 2019 whereby police found the mother intoxicated; 3.4. the family’s issues have not been resolved; 3.5. the mother has expressed the intention to reunite with Mr.

B after he completes his anger management program; 3.6. the father is not collaborating with social services intervention; 3.7. the father is not involved with the child (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to her mother at the exclusion of her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Giard, admitted that the family’s issues have not been resolved and agreed to the proposed

measures. [ 7 ] Me Benoit, representing the child, also approved of the measures proposed by the Director of Youth Protection. [ 8 ] The child’s father was absent at the hearing. The worker testified that the Director’s recommendations were discussed with him and that he was in agreement with the plan. Consequently, the Tribunal proceeded in his absence. [ 9 ] The Director filed Exhibits D-5 to D-7 as evidence: D-5: 95 Court Report, signed by [Social Worker 1], dated July 31, 2019; D-6: Police Report, occurrence #[...], already filed under

Section 292 C.C.P.; D-7: Addendum, signed by [Social Worker 1], dated December 20, 2019. [ 10 ] In

summary, the need for ongoing social services is admitted and the mother recognizes the challenges she faces to provide her children with a safe and stable environment: It is important to note that Ms. A has been collaborative with the undersigned during scheduled and unannounced visits at home. She has expressed her desires to change her lifestyle and improve her family situation. Ms. A aspires to complete her current educational program in order to provide a better life for her children. […] Despite this, it is also crucial to highlight the need for change and aim to address the chronicity of Ms.

A’s alcohol use and lessen the number of police involvements witnessed by the children. It is yet to be determined as to how the parents will work on their family reunification and ensure that the children are not exposed to alcohol abuse and conjugal violence. Therefore, the undersigned believes that continuity of care and involvement is required in order to monitor the children’s safety at home and to provide support for the parents. [2] [ 11 ] As for her partner, he has struggled with his health: As a reminder, Mr.

B underwent a stomach surgery to remove cancerous tumors in July 2019. [3] [ 12 ] The need for him to take steps to learn to better manage his anger before returning to reside with the mother is admitted: Ms. A expressed her wanting to be present for Mr. B given his current situation. She conveyed her worries regarding his overall wellbeing; however, she also expressed that certain conditions are needed to be met; therefore she is waiting for Mr.

B to attend and complete an anger management program prior to reuniting with them at home. [4] [ 13 ] As for the child, she is reportedly doing well: X has reportedly adjusted well at the daycare; she was seen by a physio therapist in the early summer, but did not require any follow up as X started walking by late July. [5] [ 14 ] Under the circumstances, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to the care of her mother, at the exclusion of her father, until the following conditions are met: • that they have each actively and consistently engaged in an individual therapeutic service to address their experience of conjugal violence, and that they have followed recommendations made by the treating professionals (including when to terminate); • that they are not under the influence of any non-prescribed mood altering substances in the presence of the child, and that they undergo random drug and/or alcohol testing upon request; • that they both continue to collaborate with the delegate; [ 18 ] ORDERS that the mother ensure that the child is not exposed to any form of violence and to any person under the influence of drugs or alcohol; [ 19 ] ORDERS that the frequency and modalities of contacts between the child and her father be determined by the Department of Youth Protection, including supervision if deemed necessary, noting that contacts will be increased as the situation evolves positively; [ 20 ] STRONGLY RECOMMEDS that the parents undergo an assessment for substance misuse and that they follow any

recommendations made by the treating professionals; [ 21 ] AUTHORISES the Director of Youth Protection to exchange relevant information with the treating professionals involved with the family; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] THE WHOLE for a period of nine months.

Signed on January 21, 2020 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Pierre Giard Attorney for the mother TD/vl