2020 QCCQ 14726, 2020 QCCQ 14726

Protection de la jeunesse — 202110 2020 QCCQ 14726 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 635-41- 000933-199 DATE: January 29, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on January 29, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Denise Descôteaux on May 15, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to the parents’ care and that diverse support measures be ordered until January 31, 2021. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child has been doing well under the parents’ care. She appears to have a strong bond with them. [ 7 ] The child is attending [School A] on a regular basis. She performs well academically. [ 8 ] The parents’ situation remains essentially the same. [ 9 ] Since the last judgment, the parents are still struggling with alcohol consumption issues.

They are working on this issue. [ 10 ] The mother appears to have decrease the frequency and quantity or her alcohol consumption. [ 11 ] They are still involved in a relationship that is sometime violent.

[ 12 ] The child has been witness to incidents of conjugal violence between the parents. On two occasions, the mother called the police when she felt that the father was out of control and creating a risk for the child. [ 13 ] On March 4, 2019, the police had to intervene as the father made threats to kill the mother.

During the incident, both parents were intoxicated. [ 14 ] On April 14, 2019, the police had to intervene as the father, while he was intoxicated, assaulted the mother. [ 15 ] On April 19, 2019, the police had to intervene as the father, while intoxicated, was making threats against the mother and Y, who was present during the incident. [ 16 ] On September 16, 2019, X witnessed an argument between her parents where her father kicked her mother. [ 17 ] On October 28, 2019, the mother reported to the police that the father had tried to hurt her.

The mother was intoxicated when she made her report. [ 18 ] On November 16, 2019, during a dispute, the father threw a chair and a beer can in the mother’s direction. During the event, the father was intoxicated. [ 19 ] During her testimony, the Youth Protection worker was able to reassure the Tribunal on the parents’ willingness to resolve their situation. They appear protective of the child and they try to minimize the negative impacts of violence and intoxication. They have progressed in meeting the child’s needs. [ 20 ] The parents actively collaborated with the Youth Protection worker.

They have good parental abilities when they are sober. [ 21 ] The Director’s intervention remains necessary at this point.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for extension; [ 23 ] DECLARES that the security or the development of the child is still endangered; [ 24 ] EXTENDS the order rendered on May 15, 2019; [ 25 ] ORDERS that the child be entrusted to the care of her parents; [ 26 ] ORDERS that the child and the parents receive the services of an external educator for the period deemed necessary by the professionals; [ 27 ] ORDERS that the child and the parents take an active

part in the application of any of the measures ordered; [ 28 ] ORDERS that the child and the parents report at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 29 ] ORDERS that the parents remain sober in the presence of the child; [ 30 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 31 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal and marital issues; [ 32 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 33 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 35 ] THE WHOLE until January 31, 2021; [ 36 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett

Counsel for the child Mtre Angele Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: January 29, 2020