2019 QCCQ 16809, 2019 QCCQ 16809

Protection de la jeunesse — 195421 2019 QCCQ 16809 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-034485-185 DATE : May 8, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2004 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security or the development of the child X is endangered as a result of psychological ill-treatment, negligence by failing to provide adequate supervision as well as a serious risk of negligence. [ 2 ] Essentially, the applicant alleges that the mother was in an abusive relationship that became violent in the child’s presence.

Furthermore, the mother’s excessive drinking during this relationship led her to temporarily leave the child without supervision. [ 3 ] The child was initially entrusted to the father on a provisional basis.

Following a positive evolution of the mother’s situation, a joint custody agreement was gradually implemented and has been ongoing for some time without any difficulties. [ 4 ] Consequently, the Director asks for the child to be entrusted to the care of his parents on an alternating basis in accordance with their agreement, along with a social follow-up and other corrective measures for ten months. [ 5 ] The mother admits the allegations and agrees to the measures.

She has severed all ties with her abusive ex-boyfriend and agrees not to expose the child to any contact with him. [ 6 ] The father supports the Director’s position as does the attorney for the child. The Situation [ 7 ] On September 12, 2018, the Director retained a signalement regarding an incident requiring police intervention. Essentially, it was reported that a young child had been left alone in a motel room by an intoxicated couple. [ 8 ] When the police arrived on the scene, they found the mother and her boyfriend, C, in a room with the child. Both adults were visibly and highly intoxicated.

The room was strewn with empty beer bottles and a bottle of wine was observed on an end table. [ 9 ] The police investigation revealed that the couple had rented two rooms and had left the child alone for the night in one of the rooms while they occupied the other.

As for the boyfriend, it was discovered that he had multiple criminal convictions as well as a pending case for a particularly violent assault against the mother dating back to July 2018 and that included the use of a weapon. [ 10 ] During the intervention, the mother confirmed to one of the officers that her boyfriend was abusive and that she was currently

residing in a shelter. She explains that she agreed to meet him at the motel for the purpose of settling the situation with him once and for all. However, he became insistent that she spend the night and, feeling threatened, she agreed. [ 11 ] During the assessment of the signalement, the mother confirmed that the child had been left alone in the room. She expected that it would only be for a short while as she planned to leave as soon as Mr. C fell asleep. After having had a few drinks, however, she unintentionally fell asleep as well.

The police arrived shortly after she had woken up, while she was checking in on her son. [ 12 ] Regarding Mr. C, she confirms that she initially failed to react to the multiple red flags during their relationship. She expresses particular concern regarding the fact that he owns a gun. She affirms, however, that her relationship is over. Moreover, she insists that she will maintain the criminal charges against him even if it entails testifying in court. [ 13 ] The father explains that the mother had primary custody of the child and that he had regular contact.

During the assessment, he shared numerous concerns about the mother’s lifestyle, particularly her excessive consumption of alcohol and drugs as well as her previous employment as an erotic dancer. Although he communicated regularly with the mother, he was unaware of her personal relationship with Mr. C. [ 14 ] The mother acknowledges the factual elements supporting the Director’s allegations of endangerment and expresses regret for the circumstances that led to the police intervention.

The evidence confirms that the child was in fact at serious risk during the events in question. [ 15 ] Beyond the incident of September 12, 2018, the evidence highlights legitimate concerns regarding the extent of the mother’s consumption of alcohol or drugs in the child’s presence as well as his longstanding exposure to conjugal violence. [ 16 ] Considering the evidence as a whole, considering as well the admissions made by the parents, the Court concludes that the Director has established the alleged motives of endangerment. The Measures [ 17 ] The mother has collaborated relatively well with the Director.

She has sought therapeutic services regarding the conjugal violence recently suffered. As well, she has participated in services pertaining to her drinking issues although she has not always been reliable in following through. [ 18 ] The mother has distanced herself from Mr. C and is no longer in contact with him. Nonetheless, a safety plan has been devised to manage any contact attempts on his part and to support the mother as the criminal trial date approaches. [ 19 ] The child has been developing well and has responded positively to increased contacts with the mother.

Since the beginning of the intervention, these contacts have progressed to joint custody. [ 20 ] Although her relationship with the father was initially difficult, the parents have learned to communicate positively and are able to co-parent effectively.

They have recently agreed upon a school for the child as he prepares to begin his first year. [ 21 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the child’s best interest. [ 22 ] FOR THESE REASONS: [ 23 ] CONSIDERING that the security and development of the child was declared endangered as a result of psychological ill- treatment, negligence by failing to provide adequate supervision and a serious risk of negligence on December 6, 2018; [ 24 ] THE COURT: [ 25 ] ORDERS that the child be entrusted to the care of his parents on an alternating basis or in accordance with any other agreement by the parties; [ 26 ] TAKES JUDICIAL NOTICE that there is an agreement between the parties regarding the share custody; [ 27 ] ORDERS that the parents ensure that the child is not exposed to any form of physical or verbal violence while in their care; [ 28 ] ORDERS that the parents ensure that the child is adequately supervised while in their care; [ 29 ] ORDERS that the mother refrain from consuming alcohol while in the presence of the child; [ 30 ] RECOMMENDS that the mother receives therapeutic support as a victim of violence; [ 31 ] PROHIBITS the parents from allowing contacts between the child and C; [ 32 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 33 ] THE WHOLE for a period of ten months.

SIGNED IN TOWN A On May 23, 2019

__________________________________ KAREN OHAYON, J.C.Q. Me Dominique Douglas Attorney for the D.Y.P. Me Alec Fafard Attorney for the child Me Nadia Maria Martinez Attorney for the mother Me Karine Dallaire Attorney for the father Dates of hearing: December 06, 2018 and May 8, 2019 KO/lf