2018 QCCQ 13586, 2018 QCCQ 13586

Protection de la jeunesse — 183682 2018 QCCQ 13586 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-000303-186 DATE: June 20, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF OUTAOUAIS Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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 ] It was stated that the parents are often arguing when they drink and the father becomes violent with the mother. The child is usually present during the altercations. [ 2 ] On April 29 th 2018, the mother leaves [Town A] alone and goes to [Town B]. [ 3 ] There was an altercation between the parents, although the father has conditions not to come into contact with the mother. [ 4 ] The mother stabbed the father several times. He was sent to the hospital.

He tested positive for methamphetamines. He refused to collaborate with the police. [ 5 ] The mother was arrested and the father was arrested for breach of conditions. [ 6 ] Immediate protective measures were taken to entrust X to her paternal grand-mother. Both parents agreed to this measure when seen in Court. [ 7 ] This is the second intervention with this family for the same motives.

[ 8 ] The parents refused to collaborate and did not want to admit to any form of violence within the couple. [ 9 ] On June 14 th , the police were called because the mother was under the influence of alcohol and pronounced a threat to the paternal grand-mother. [ 10 ] Mr. B has a son that is living fulltime with the paternal grand-mother. [ 11 ] Ms.

A has two (2) other children that are living with their father and another child that passed away because of health reasons. [ 12 ] The mother lives right across where X is placed and has therefore access to her child on a regular basis. [ 13 ] The father lives in [Town B] and sees his daughter either every weekend or every second weekend when his mother comes to visit with her grandchild. [ 14 ] For the preparation of the Court Report by the First Nations Services Worker (D2), dated June 8 th 2018, the parents did not collaborate with Mme [Social Worker 1]. [ 15 ] Every time she tried to meet them, the parents were absent from their places. [ 16 ] This morning, the parents were here but they left before the hearing.

Their lawyer said that they accepted the recommendations. [ 17 ] X is extremely vulnerable based on her young age.

She needs a quiet environment, free of consumption and violence, to develop her full potential. [ 18 ] The parents need to work on their issues with violence to be able to offer their daughter a safe and stable environment. [ 19 ] They also need to collaborate with the services in order for them to work on having X return with her parents as soon as possible. [ 20 ] Considering the recommendations from Ms. [Social Worker 1] and with the agreement of the child’s lawyer; [ 21 ] THE COURT : [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and the development of the child, as per

Section 38 (b)(2), (c)(1) (2) of the Youth Protection Act , are in danger; [ 24 ] ENTRUSTS the child X to her paternal grand-mother C for a period of six (6) months and return to her parents if the situation permits; [ 25 ] ORDERS that the visits between the child and the parents be according to an agreement between the parties, and if no agreement the visits will be supervised; [ 26 ] ORDERS that a person authorized by the Director of Youth Protection provide aid, counselling and assistance to the child and the child’s family for a period of one (1) year; [ 27 ] ORDERS that the child receive all care health required by her state; [ 28 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation in which the security or the development of the child is in danger; [ 29 ] ORDERS that the parents collaborate in the redaction and application of the intervention plan; [ 30 ] ORDERS that the parents report every two (2) weeks to the Director of Youth Protection; [ 31 ] RECOMMENDS that the parents receive services to improve their parenting skills from: - Services for consumption issues; - Services for anger management and - Services for parental abilities; [ 32 ] ORDERS the execution of the present judgment by any peace officer; [ 33 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Catherine Lagarde Counsel for the child Mtre. Anne-Claude Pagé Counsel for the mother Mtre. Louis-André Hubert Counsel for the father Date of hearing: June 20, 2018