2020 QCCQ 9979, 2020 QCCQ 9979

Protection de la jeunesse — 201475 2020 QCCQ 9979 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002383-195 DATE: January 23, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director Youth Protection A. APPLICANT and X, born on [...], 2019.

CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 (The Director) submitted an application to the Court in order for the security and development of the child declared to be in danger under

section 38 b) 1) iii): Neglect in terms of supervision and under

section 38 e) 2° : Serious risk of physical abuse on the part of the parents. [ 2 ] The Director alleged a long series of facts. This judgment refers to those facts : [ 3 ] The Director recommends that the Court entrust the child to his parents and that it order several assistance measures including a follow-up by Social Services until November 30, 2020. [ 4 ] The parents admit most of the facts alleged in the application. They nuance some of them in order to express that the situation has improved.

They agree with the recommendations proposed. [ 5 ] The evidence reveals the following facts : [ 6 ] The child is 4 months old. SECURITY AND DEVELOPMENT: [ 7 ] The parents consumed alcohol while the child was under their care. [ 8 ] The mother displays important conjugal violence-related injuries. [ 9 ] The mother refused to go home after the birth of the child as she was scared of the father. [ 10 ] The child is very young. He is at high risk of physical abuse resulting from the parents’ conjugal violence. [ 11 ] The police had to intervene in order to ensure the child’s safety on August 31, 2019.

The Court concludes that the security and development of the child are in danger under sections 38 b) 1) iii) and 38 e) 2° of the Youth Protection Act . MEASURES : [ 12 ] The parents have 4 children together who are very young.

[ 13 ] The parents have been known by the Director since February 2016. [ 14 ] The parents are still struggling with their alcohol abuse and conjugal violence issues. [ 15 ] The parents are known to fully engage themselves with Social Services, to be stable for a few months and then, the situation gets back to where it started. [ 16 ] However, they are gaining more knowledge and better tools to protect their children in all of these issues.

At the moment, they have put means in place to respect the Court order and to help themselves in order to have the children return to their care. [ 17 ] The Director will have to monitor the situation very seriously. It will have to be present for the parents and the family. [ 18 ] Given the age of the child, his needs, the improvement of the parental capacities and consciousness of the parents, the Court concludes that it is in the best interest of the child to remain with his parents.

THEREFORE, THE COURT; [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child are endangered under sections 38 b) (1) iii) and 38 e) 2° of the Youth Protection Act ; [ 21 ] ORDERS that the child remain with the parents; [ 22 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 23 ] ORDERS that the parents take an active

part in the application of any measures ordered by the Tribunal; [ 24 ] ORDERS that the parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that the parents remain without any violent behaviours in the presence of the child; [ 27 ] ORDERS that the parents seek help through the Social Services and continue their collaboration with them concerning their alcohol consumption, conjugal violence and personal issues; [ 28 ] ORDERS that aid, counselling and assistance be provided to the children and their family until November 30, 2020; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on March ______2020 ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – Town B Attorney for the applicant Mtre. Laurence Migué Legal Aid Office – Town B Attorney for the child Mtre. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the mother Mtre. Geneviève Lucas

Desmarais Desvignes Crespo s.e.n.c.r.l. – Town A Attorney for the father Date of hearing: January 23, 2020