2014 QCCQ 7983, 2014 QCCQ 7983

Protection de la jeunesse — 14816 2014 QCCQ 7983 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT [...] N° : 525-41-027609-130 DATE : February 25 th , 2014 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2011 THE DIRECTOR OF YOUTH PROTECTION Applicant and A, mother B, father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on February 25 th , 2014. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the child alleging that the child is subjected to psychological ill-treatment as she is exposed to conjugal violence and to the ongoing conflictual relationship of her parents.

The Director is asking that the child be entrusted to her parents and that aid, counsel and assistance be provided to the child and her family for a period of nine months. [ 3 ] The father admits almost all the facts alleged in the motion save and except the facts pertaining to his drinking problem and related treatment programs. The father recognizes that the security and development of the child are compromised and agrees with the measures suggested by the Director. [ 4 ] The mother admits some of the facts alleged in support of the motion illustrating essentially the misconduct of the father.

Her position is to the effect that the father is the only person responsible for the initial involvement of the Director. The mother considers that the security and development of the child are no longer in danger and that the file should be closed.

[ 5 ] On behalf of the child, the appointed attorney considers that the security and development of the child are in danger due to the fact that the child was exposed to conjugal violence. He draws the attention of the Court to the fact that the mother has to collaborate with the Director in order to ensure that the situation of the child evolves positively. CONTEXT [ 6 ] It is in March 2013 that the Director receives the first signalement pertaining to the conflictual relationship between the parents.

In mi-August 2013, the Director received a second signalement referring specifically to the physical altercation that took place between the parents on August 13 th , 2013. [ 7 ] The assessment of the signalements reveals that the parents separated in June 2013. Before and after their separation, the child has been exposed to her parents' conflicts on several occasions. [ 8 ] The father's drinking problem has, to some extent, been recognized and steps have been taken by the father to address his situation.

Both parents recognize that when the father cares for the child, he is not under the influence of alcohol. [ 9 ] Despite the separation, violence continues and the child has been exposed to both verbal and physical altercations on several occasions. [ 10 ] On August 13 th of 2013, the child witnessed her parents fighting and her father bleeding, which led once more to police intervention. [ 11 ] The testimony of both parents provides a clear illustration of the issues at stake, one blaming the other, both raising concerns they have against each other. [ 12 ] The father has come to realize the impact the continued violence has and may still have on his daughter. [ 13 ] On the contrary, the mother fails to collaborate with the Director as if she had no responsibility in the situation nor a part to play in finding a long-lasting solution. [ 14 ] The Director has established the need for ongoing Youth Protection intervention.

The measures recommended by the Director meet the needs of the child and are in her best interest. [ 15 ] In order to achieve the goals set by the Director and put an end to the situation that led to Youth Protection involvement, the collaboration of the mother is mandatory.

Despite her busy schedule, she will have to find time to participate actively with the services of the Director. [ 16 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security and the development of the child are compromised; [ 18 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ENTRUSTS the child to the care of both of her parents; [ 20 ] ORDERS both parents to collaborate with the Director of Youth Protection and to participate actively in the measures that are court ordered; [ 21 ] ORDERS that both parents meet with the worker when requested to do so and SETS the minimum frequency of the meetings between the mother and the worker at once (1) every two (2) weeks for the first four (4) months; [ 22 ] ORDERS that contacts between the child and her parents take place upon agreement between the parties; if there is no agreement, ORDERS that the Director of Youth Protection determine the frequency of these contacts; [ 23 ] ORDERS that aid, counsel and assistance be provided to the child and her parents for a period of nine (9) months; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Batshaw Youth and family Centres, who shall then see that the measures are carried out.

Signed in Town A on March 25 th , 2014 _________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Sym Davis Attorney for the Director of Youth Protection

Me Daniel Bouchard Attorney for the child Me Michel F. Perreault Attorney for the mother Me Martine Bourdeau Attorney for the father Date of hearing : December 13 th , 2013 and February 25 th , 2014