2019 QCCQ 15100, 2019 QCCQ 15100

Protection de la jeunesse — 194680 2019 QCCQ 15100 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No.: 640-41-002282-199 DATE: July 15, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [… ], 2009 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A. working in Town A, district A Applicant and A, residing and domiciled at [ … ] , district A, but detained at the Center A during the hearing; Mother and B, residing and domiciled at [ … ] , district A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.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 ] The Director of Youth Protection working in Town A submits an application to the Court asking that the security and development of X, 9 years old, be declared in danger in accordance with sections 38( b )(1)(iii) and (

c) of the Youth Protection Act . After the start of the hearing, the applicant modified her request to remove grounds of endangerment under

section 38( e )

(2) YPA; POSITIONS OF THE PARTIES [ 2 ] During the hearing, the mother was incarcerated (April 4, 2019) but represented by Mtre Felix St-Amand. She recognizes that the security and development of her child are in danger under sections 38( b )(1)(iii) and (

c) and agrees with the measures, but asks that her son be reintegrated with her after she is released from detention; [ 3 ] The father was absent but represented by Mtre Angele Tommasel. He recognizes that the security and development of his child are in danger under sections 38( b )(1)(iii) and ( c ), and he agrees with the measures [ 4 ] Mtre Caroline Jennis represented the child and submitted to the Court that the measures suggested were in his best interest; ISSUES IN DISPUTE [ 5 ] The issues in dispute are; - Are the security and development of the child, X, in danger? - If so, under what

section of the Youth Protection Act ? - Considering the best interest of the child, what measures should be applied to put an end to the situation of endangerment? FACTS [ 6 ] The evidence is constituted of admissions made by the parents, the incident report dated February 14, 2019, submitted by the […] Regional Police Force of Town A concerning the mother, two incident history reports submitted by the […] Regional Police Force of Town A concerning the mother and her “ de facto ” husband, an evaluation report signed on May 6, 2019, and the testimony of the social worker, [social worker 1].

[ 7 ] The parents separated shortly after Jason’s birth, and the mother has since been the main caregiver for the child. [ 8 ] After she separated from the father, the mother entered into a relationship with Mr. C, and they have been together for nine years now. They have two children together: Y (5 years old) and Z (3 years old). The family lives at […]with D and E (15 years old), Ms. As youngest sister whom she traditionally adopted when their mother passed away. She is not working at the moment and stays at home with the children. [ 9 ] The father, Mr. B is presently in a relationship with Ms. F.

He has sporadic contact with his son, D, but not on a regular basis, and he does not wish to involve himself any further in his son’s life. He works for the […] Municipal Housing Bureau. In return, the child D does not contact with his father. [ 10 ] The mother has alcohol consumption issues. On several occasions, the mother displayed aggressive behaviours towards the child when she was intoxicated.

On these occasions, the mother insults and yells at all the children. [ 11 ] On February 14, 2019, Youth Protection and the police had to intervene at the family house because the mother was allegedly violent and intoxicated in the presence of the child and two of his siblings. The mother left her three children alone at home and drove her ATV while intoxicated with E.

The same night, Youth Protection took immediate protective measures and entrusted the child to the father. [ 12 ] The older sibling was found at another house and disclosed that she was hiding from the mother as the latter was highly intoxicated. [ 13 ] On February 15, 2019, Youth Protection went to see the mother, who was still intoxicated. [ 14 ] The older sibling of the child confirmed that the mother physically assaulted her the previous night and that she does not want to live there anymore. [ 15 ] On March 6, 2019, Youth Protection and the police had to intervene regarding an incident of conjugal violence. [ 16 ] Following the incident of March 6, 2019, the child was entrusted to a member of the extended family. [ 17 ] On March 13, 2019, Youth Protection had to cancel a visit between the mother and the child because of the mother’s intoxication.

On the same day, the police had to intervene with the mother on two (2) more occasions because she was intoxicated. [ 18 ] The child expressed that he is afraid of his mother. [ 19 ] The mother is verbally violent towards D. [ 20 ] The mother has difficulty cooperating with the DYP. The father’s cooperation is variable.

ANALYSIS [ 21 ] Considering the behaviour of the mother, considering her alcohol consumption issues, considering that the mother does not recognize the situation and minimizes the impact of her alcohol consumption on her child, considering that the mother was arrested and detained due to her alcohol consumption, considering that the relationship between the mother and her “ de facto ” husband (Mr.

C) is conflictual, considering that the child is exposed to domestic violence and considering the evidence, the Court has no hesitation to declare the security and development of the child in danger. [ 22 ] After declaring the security and development of the child in danger, the Court proceeded with a hearing on applicable measures; [ 23 ] The child needs to be in a safe and stable environment until the mother proves that she is able to remain sober and assume her role toward her child. [ 24 ] A social assessment was filed as evidence. The father did not contest the recommendations made therein.

The mother did not contest the recommendations, but she asked for the reintegration of her child once she is released from jail. The evidence shows that she is able to be a good mother when she is sober. However, she does not take steps to stop her consumption. For the moment, these facts prevent the possibility of reintegration, which is not an appropriate measure for her son. [ 25 ] The child D is currently placed in the family home of the mother's brother's wife, where he has been since March 6, 2019. This lady is therefore part of the immediate family of the child. At the moment, he feels well.

Moreover, the child remains with his sister E, who is a reassuring presence for the child. The social worker assured the Court that the children will continue to remain together in the foster home. [ 26 ] Considering all of the evidence, the Court endorses the recommendations. FOR THESE REASONS, THE COURT: [ 27 ] GRANTS this application; [ 28 ] DECLARES that the security and development of the child, X, born on […] , 2009, are in danger under sections 38( b )(1)(iii) and (

c) of the Youth Protection Act . [ 29 ] ORDERS that the child, X, be entrusted to a foster family, chosen by the institution operating a child and youth protection centre;

[ 30 ] ORDERS that contact between the child and the parents be supervised by the Director of Youth Protection regarding frequency and terms including the presence of a third party if deemed necessary; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] ORDERS that the parents abstain from violent behaviour in the presence of the child; [ 33 ] CONSIDERING the consent given by the mother , ORDERS that the mother seek help through social services regarding her alcohol, drug, anger management and personal issues; [ 34 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provides; [ 35 ] ORDERS that the parents report periodically in person or by phone to the Director of Youth Protection on the measures they apply in their own regard and in their child’s regard to put an end to the situation endangering the security and development of the child. [ 36 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the child’s family until May 31, 2020; [ 37 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of this order; __________________________________ DENISE DESCÔTEAUX, J.C.Q.

Mtre Caroline Daniel Cain Lamarre Attorney for the Applicant Mtre Caroline Jennis Legal Aid Office of Town B Attorney for the Child Mtre Félix St-Amand Attorney for the Mother Mtre Angele Tommasel Attorney for the Father Date of hearing: May 16, 2019