2019 QCCQ 19760, 2019 QCCQ 19760

Protection de la jeunesse — 198155 2019 QCCQ 19760 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000971-199 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2014 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that a serious risk of neglect exists regarding the child’s situation. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered until September 30, 2020. [ 4 ] The father agrees with the Director’s plan. [ 5 ] The mother requests that the child be returned to her care. [ 6 ] The child’s attorney agrees that the child be entrusted to a foster family for a shorter period.

Questions in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 8 ] Is it possible to return the child to the mother’s care? Context and Analysis [ 9 ] The parents separated approximately four years ago. The child usually resides with his father and visits his mother every Tuesdays from 4:00 pm to 7:00 pm. [ 10 ] The child attends daycare of a full time basis. He functions well within this environment. [ 11 ] The father has a history of chronic fatigue and of major recurrent depression. In 2019, he was diagnosed with personality

disorder with dependant traits, major depressive disorder with recurrence and with anxious distress, symptoms of fatigue and poor concentration. He was referred for therapy with a psychologist. [ 12 ] The mother has issues with alcohol consumption. She is not recognizing that her alcohol consumption is problematic. [ 13 ] On June 12, 2018, the mother expressed suicidal ideations. During the police in-tervention, the mother explained that she had not slept for the past three days, after ha-ving taken five pills of speed.

Following evaluation, she was transported to the hospital. [ 14 ] On July 13, 2018, the police had to intervene as the mother mentioned to a friend that she would commit suicide. During the intervention, the mother reported that she had taken ecstasy and that she had not slept for the past two days. She was brought to the hospital. [ 15 ] On September 10, 2018, the mother had to be transported to the hospital as she made threats to commit suicide. [ 16 ] On December 7, 2018, the father’s ex-girlfriend, C, made threats to kill him.

During this incident, the child was sleeping in the father’s house. [ 17 ] On January 18 and January 31, 2019, the police intervention was requested as Ms. C was yelling outside of the father’s house. [ 18 ] On March 17, 2019, the mother was arrested for having care and control of a vehicle while intoxicated. [ 19 ] On March 28, 2019, the mother was arrested for impaired driving. [ 20 ] On April 28, 2019, the mother drove her ATV to the father’s place, while she was intoxicated.

The police intervened and she was brought by ambulance to the hospital as she was bleeding. [ 21 ] On May 17, 2019, the father requested that the child be placed as he was feeling depressed and overwhelmed. He reported being less patient with his son and not being able to care and manage for him at the moment. The father needed respite in order to take care of himself.

Immediate protective measures were invoked and the child was placed in a foster family. [ 22 ] On May 20, 2019, a Provisional Agreement was convened with the parties and the child was placed in a foster family. [ 23 ] The father is medically followed regarding his present situation. He reports consuming around two beers per week. He mentioned that, in the past, he had received support from the CLSC around his parental aptitudes. [ 24 ] The father participated in a follow-up with the CLSC social worker.

He also started a therapeutic process with a psychologist to address his depressive symptoms and anger management issues. The psychologist reports that the father appears motivated by this process. [ 25 ] On July 1, 2019, police intervened at the mother’s house as she made suicidal threats. During the police intervention, the mother was intoxicated by alcohol.

She was arrested for breaching a condition to abstain from consuming alcohol. [ 26 ] On August 9, 2019, in order to maintain the child in a foster family, immediate protective measures were invoked. [ 27 ] On August 28, 2019, the Tribunal accepted the discontinuance presented by the Director regarding the application for provisional compulsory foster care. [ 28 ] At this point, the father is still unable to care for the child. [ 29 ] The mother reports that she last consumed alcohol, maybe twice, in August. She reported that she works at the Hospital Transit for 12 hours shifts.

She also has to go to Montreal for medical reasons, approximately twice per month. She mentioned that her father and sisters could help her caring for the child. Her sisters live nearby. Her other child, Y (12 years old), visits her place approximately five days per week. She reassured the Tribunal that, in the event she wanted to drink, she would ensures that the child is under the responsibility of someone who is sober. [ 30 ] The mother presented sufficient evidence to convince the Tribunal that it was possible to entrust the child to her care.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 31 ] GRANTS partially the application for protection; [ 32 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2) of the Youth Protection Act ); [ 33 ] ORDERS that the child be entrusted to the mother as of September 26, 2019; [ 34 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regards to put an end to the situation of compromission; [ 35 ] ORDERS that the parents take an active

part in the application of any of the measures ordered; [ 36 ] ORDERS that the contacts between the child and the father be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision;

[ 37 ] ORDERS that the mother be sober in the presence of the child; [ 38 ] ORDERS that the father remain without any violent behavior in the presence of the child; [ 39 ] RECOMMENDS that the parents seek help through the Social Services for their personal issues; [ 40 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family, including unannounced visits; [ 41 ] THE WHOLE until September 30, 2020; [ 42 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mrs. Laurence Migué Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: September 25, 2019