2018 QCCQ 14869, 2018 QCCQ 14869

Protection de la jeunesse — 185451 2018 QCCQ 14869 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000854-189 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2017 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at [...] Mother and B , residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , 76.1 and 91 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 for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A (the Director) submitted an application for protection concerning the child X. [ 2 ] The facts are proven mainly by the admissions of the parents. The Court also has seven occurrence reports between October 2017 and February 2018 from the Regional Police Force (

A) of Town A, reporting different incidents between the parents. [ 3 ] The mother displays drinking issues but she receives follow-up care from social services to address the issue. [ 4 ] Both parents admit using marijuana. The father stated at the hearing that he has a medical prescription for chronic pain. The medical use is confirmed by the applicant’s report. [ 5 ] On October 23, 2017, the [regional police] received a call on the emergency line reporting that the mother’s brother was aggressive and intoxicated. When the police intervened, they saw the mother, A, fighting with another woman.

She was placed under arrest for fighting in a public place. She was released the next morning when she was sober and calm. [ 6 ] On December 10, 2017, the mother called the [police] emergency line to report that the father, B, took her daughter without her clothes. The police officer intervened when she saw the mother speaking with the father outside. The father was holding his daughter inside his coat. The versions of the two parents were different. The mother said that they argued but no assault or threat was made.

As for the father, he stated that the mother pushed him and he responded by pushing her. [ 7 ] On December 23, 2017, the father called the emergency line asking for help because the mother was intoxicated and aggressive. [ 8 ] The police officer arrived at the parent’s house. He could hear the mother shouting from outside the house. The police officer escorted the father and his daughter, who wanted to leave the house. They went to the nurse because the baby fell on her head. [ 9 ] Later, around 6 o’clock in the evening, Ms.

C went to the police station to inform them that her niece, A, was locked in the bathroom and threatening to kill herself. She was brought to the nurse to be evaluated. Ultimately, she was arrested for uttering threats against the nurse. [ 10 ] On January 31, 2018, another police intervention was necessary because the mother was heavily intoxicated and exhibited erratic behaviour. [ 11 ] Later the same day, the mother returned home. The parents started to argue.

Both accused each other of assaulting the child. [ 12 ] After that event, an immediate protective measure was taken and the child was entrusted to a foster home. On February 15,

2018, the child was entrusted to the father until March 28, 2018. [ 13 ] On March 28, 2018, the file was postponed until May 24, 2018, and the child remains in the care of the father. [ 14 ] The evidence also revealed that the father has a picture on his phone where the mother has her hands around her daughter’s neck. The mother admits that her behaviour was inappropriate. [ 15 ] In light of that evidence, the security and development of the child are declared in danger under s. 38 (

c) of the Youth Protection Act . The child was exposed to domestic violence, which must be considered psychological ill-treatment, given the recurrent conjugal conflict between the parents. [ 16 ] The evidence also shows that there is a risk of physical abuse by the mother toward her daughter. Her aggressive behaviour and her inappropriate gesture when she put her hand around the baby’s neck convinces the Court that the security of the child is in danger under s. 38 ( e ) (1) of the Youth Protection Act .

THE APPLICABLE MEASURES [ 17 ] The applicant informed the Court at the beginning of the hearing that she has changed her recommendation to ask that the child remain with both parents. [ 18 ] Following the testimony of Ms [social worker 2], human relations agent of youth protection services, it appears that the mother cooperates well has agreed to meet with social services.

She has improved her personal situation. [ 19 ] She explained that it is the parents’ wish to stay together and to co-parent the child. [ 20 ] At the hearing, the mother seemed ambivalent about her desire to be in a relationship with the father. She showed some aggressiveness toward him when he testified and admitted facts about the mother’s behaviour. [ 21 ] Despite that incident, Ms. [social worker 2] kept the same recommendation.

She has developed a relationship of trust with the mother and believes she will be able to stay sober in the child’s presence as well as avoid situations of conjugal violence in the child’s presence. [ 22 ] The Court believes that the couple’s situation remains very fragile. They will have to receive counselling and close follow-up to give them tools to avoid conjugal conflict in front of the child. [ 23 ] The father is very protective of his daughter. He is from [province A] and he will have to move there if he separates from the mother.

For now, the parents have decided to be a couple and work on their issues. [ 24 ] The Court is of the opinion that the situation will have to be closely monitored to ensure that the parents respect the conditions and are able to provide a stable and safe environment for the child. If the conjugal conflict or the situation that endangered the security and development of the child persists, the Court will have to review the present order to protect this very vulnerable child.

FOR THESE REASONS, THE COURT: [ 25 ] GRANTS this motion; [ 26 ] DECLARES that the security or development of the child X, born on […], 2017, is in danger; [ 27 ] ORDERS that the child remain with the parents; [ 28 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 29 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 30 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] STRONGLY RECOMMENDS that the parents seek help through Social Services for their alcohol, drug and personal issues; [ 33 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the child’s family; [ 34 ] ORDERS the police to collaborate in the execution of the enactment; [ 35 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A for the purpose of executing the order; [ 36 ] THE WHOLE until October 31, 2018.

__________________________________ RENÉE LEMOINE, J.C.Q. Mtre Marianne Léonard Attorney for the child Mtre Geneviève Apollon Attorney for the applicant Mtre Cassandra Neptune Attorney for the mother Date of hearing: May 24, 2018