2022 QCCQ 6395, 2022 QCCQ 6395

Protection de la jeunesse — 222289 2022 QCCQ 6395 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001170-221 DATE: April 22, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2017 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) submitted an application for protection concerning the situation of the children Y and X. [ 2 ] The parties agree to do a joint hearing. C is the father of only Y but is involved in the life of X and acts as a parental figure for him. [ 3 ] The mother was not present at the hearing. The Court postponed the file to the next day so that she could attend, but she refused to come to Court. [ 4 ] Y’s father was represented by Mtre Gabrielle Francoeur.

He admits most of the facts but denies being violent toward the child X. He stated that the mother sometimes displays violent behaviour because she is jealous. [ 5 ] Even though he denies being physically violent toward the child, he acknowledges that both children are exposed to a risk of physical violence because the relationship between him and the mother is very conflictual and sometimes violent because she is jealous. [ 6 ] The DYP seeks to have it declared that the child’s security is endangered under

section 38(e)(2) of the Youth Protection Act (YPA) because he is at risk of being the victim of physical violence. ISSUE [ 7 ] The Court must answer the following question: − Did the DYP prove on a balance of probabilities that there is a situation in which the child runs a serious risk of being subjected to bodily injury or unreasonable methods of upbringing? Brief family history [ 8 ] The child X is 4 years old. Mr. C is not his father.

His father, B, has not been involved in the child’s life. [ 9 ] The child has some developmental delay for which he receives services from the “A” program to see a speech therapist and other professionals. He is described as a hyperactive boy. He is a vulnerable child. [ 10 ] The child Y is a nine-month-old baby. He is the son of A and C. The child’s father also has two other children living in Town B with their mother. [ 11 ] On March 7, 2021, the mother took the child X with her to go to a friend’s home and asked the police to remove Mr. C

following an argument. He was cooperative with the police and left. Later that day, the police was called because Mr. C allegedly went back and broke the television according to the police report. Mr. C testified that he never broke the television. According to him, the mother did it and filed a complaint against him. [ 12 ] On May 8, 2021, the police intervened as they received a call stating that the mother chocked X. When the police arrived, the child had no injuries and seemed fine.

He was playing with his toys. [ 13 ] On May 23, 2021, the police received a call from an unknown person saying that the mother had posted a message on social media regarding her intention to commit suicide by firearm. When the police intervened, the mother was at home crying. She was with a teenaged girl and her son X. She seemed morally exhausted and was taken to see the nurse. A black firearm was found on the bed. [ 14 ] On June 22, 2021, the police was called to the family home after a man, who was highly intoxicated, assaulted the child X. He punched him on the forehead.

The child was under the care of an adolescent who was also assaulted by the same individual. [ 15 ] On August […], 2021, the mother and C were at A Unit, a hospital transit. The mother was there to give birth. The police were called. The mother reported that she was hit by Mr. C. She also stated that he pulled the hair of the child X because he was jealous. Mr. C denied both events and explained that he was angry and they had an argument because she left him alone with X during the night to go out and drink. [ 16 ] Mr. C has been involved in follow-up by social services for two years.

He has been sober for the same period. He has a Court condition to consult a social worker every week concerning his anger management and alcohol issues. He is involved and invested in changing his behaviour. [ 17 ] The couple’s dynamic is marked by problems with jealousy, and it can be toxic. The mother has not agreed to have a regular follow-up to work on her conjugal relationship. The couple is currently separated. Mr. C is in Town B and the mother still lives in Town A.

The situation of endangerment [ 18 ] Obviously, the Court has no hesitation in declaring that the security and deve-lopment of the children are in danger due to psychological ill-treatment under

section 38(

c) YPA . The children are seriously and repeatedly exposed to conjugal violence and severe conflict between both parents, who could cause harm to the children. [ 19 ] Both children are affected by those traumatic events. They are exposed to conjugal violence. [ 20 ] Concerning the risk that the children might be victims of physical abuse, the evidence of the DYP is not very strong. Mr. C denied having hit the oldest child. The mother did not attend the hearing so she was not able to give her version of those events.

Most of the evidence contained in the social report is hearsay, which is not admissible. [ 21 ] Although the DYP seems to have forgotten his burden to prove on a balance of probabilities, by admissible evidence, the ground of endangerment, the Court, after reviewing all the police reports, considers the event that occurred on June 22, 2021, when the child X was left with a highly intoxicated individual who assaulted him, as a risk factor for both children to be victims of physical abuse. [ 22 ] Moreover, the evidence reveals that there have been several incidents of conjugal violence at home during the last year, including an incident during which the television was broken in the presence of the children.

It is difficult to determine who committed this act based on the evidence adduced, but it was one of the parents. [ 23 ] Mr. C admits that the conjugal violence and the intense conflict between them reveal a serious concern with regard to the children’s safety. [ 24 ] Considering the evidence as a whole and the children’s high level of vulnerability, the Court concludes that the security and development of the children are endangered due to a serious risk of physical abuse. THE MEASURES [ 25 ] The DYP recommends that the children be maintained with the mother.

She needs support and guidance to address her conjugal issues and must give priority to her children’s needs. The mother will have to take action to get services for her conjugal issues and her emotional management. [ 26 ] The children need to live in a violence-free home with responsible adults who are able to care for them and provide them with a secure and safe environment. [ 27 ] Y’s father agrees with the measures proposed for his son. He wants to have contact with him and is willing to continue participating in social services and cooperating with the DYP.

THEREFORE, THE COURT: [ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and development of X, born on […], 2017, are in danger under sections 38(

c) and (e)(2) of the Youth Protection Act ; [ 30 ] ORDERS that the child remain with the mother;

[ 31 ] ORDERS that the child’s mother and C report periodically to the director on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 32 ] ORDERS that the child and the child’s mother and C take an active

part in the application of any of the measures ordered by the Court; [ 33 ] ORDERS that the child or the child’s mother and C report in person, at regular intervals, to the Director to inform him of the current situation; [ 34 ] AUTHORIZES the Director of Youth Protection to access information with regard to the mother’s and Mr.

C’s attendance at appointments with professionals and their level of involvement (social services and A Family House); [ 35 ] ORDERS that the child receive specific health care and health services, namely that he receive services from the professionals related to the “A” program and that the mother follow the recommendations of the professionals; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child and the child’s family; [ 37 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 38 ] THE WHOLE , until April 30, 2023.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Ève Laoun For the child Mtre Geneviève Apollon For the applicant Dates of hearing: April 21, 2022 April 22, 2022