2019 QCCQ 13943, 2019 QCCQ 13943

Protection de la jeunesse — 194071 2019 QCCQ 13943 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000612-199 DATE: May 1, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 child is extremely vulnerable, due to his young age. [ 2 ] Both his parents have to cope with personal problems. [ 3 ] On March 21, 2019, the police is called to the family residence following an episode of domestic violence. [ 4 ] At the time, the mother, overwhelmed with stress, takes too many pills and goes to the hospital. She states she is hospitalized because she is not stable enough mentally to deal with the situation.

The mother struggles financially and has learned she was evicted from her apartment. Since she is not doing well, the mother arranged for her son to go to his paternal grandfather. [ 5 ] For a few days, the child is entrusted to his paternal grandfather. However, on April 1, he is entrusted back to his mother, under a judgement on provisional measures. The mother then lives in a women’s shelter. She remains there ever since, but will have access to a supervised apartment by the end of this month. [ 6 ] The mother attends school and will graduate shortly. [ 7 ] The mother states she recently quit drinking.

She is willing to receive addiction counselling services and work to maintain her sobriety. [ 8 ] There is a history of domestic violence between the parents. [ 9 ] The youth protection delegate meets with the father a few days after the incident of March 21. At the time, he lives with his own father. He expresses he has things to work on, notably in regards with instability and alcohol related issues. [ 10 ] The father states he wants to go to school and attend a treatment program for alcohol. [ 11 ] Another episode of domestic violence occurs on April 13.

The mother tells she goes to meet with the father in order to discuss and put their differences aside. She states he becomes angry and physically violent towards her.

[ 12 ] Afterwards, the father is arrested and he would be in detention at the time of the hearing. [ 13 ] The father’s issues in regards with violence and addictions have an impact on the child.

As he is exposed to domestic violence, the child suffers from psychological ill-treatment. [ 14 ] Moreover, the parents’ addiction issues and the mother’s mental health issues cause a serious risk of neglect. [ 15 ] The preponderant evidence convinces the Court that the security and development of the child are in danger. [ 16 ] The protective measures suggested by the director of youth protection and agreed upon by the mother and the child’s counsel appear to be in the child’s best interest.

WHEREFORE, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)2 o and 38c) of the youth protection act ; [ 19 ] ORDERS that the child be entrusted to his mother; [ 20 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties; [ 21 ] ORDERS that the father be completely sober during contacts with the child; [ 22 ] RECOMMENDS that the parents involve themselves in counselling sessions for their personal problems; [ 23 ] RECOMMENDS that the parents involve themselves in drug and alcohol's counselling and follow-up as long as deemed necessary by the professionals; [ 24 ] RECOMMENDS that the parents report at regular intervals to the DYP to inform of their current situation; [ 25 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 26 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until May 31, 2020; [ 27 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ariane Cayer for the child Mrs. A the mother Mr. B

the father (absent) Written judgment filed on May 22, 2019