2023 QCCQ 11161, 2023 QCCQ 11161

Protection de la jeunesse — 235788 2023 QCCQ 11161 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000816-238 DATE: October 12, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2020 Child and A 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) alleges that the child’s security and development are in danger because she is at serious risk of neglect and is submitted to psychological ill-treatment, within the meaning of the Youth Protection Act (YPA). [ 2 ] The DYP recommends that the child be entrusted to her paternal aunt and that various measures be ordered to correct the situation, until June 2024. [ 3 ] The parents would rather have the child be entrusted back to their care in a few weeks’ time.

As for the child’s lawyer, he agrees with the DYP in light of the evidence. [ 4 ] At the end of the hearing, the Court rendered judgment orally and granted the application. Here are the reasons for this decision. [ 5 ] The parents have a chaotic relationship marked by conflict and violence. [ 6 ] Last July, the police intervened because of a physical altercation between the parents, while the child was present.

On another occasion during the summer, the mother attacked the father, causing him to sustain injuries to his face. [ 7 ] During quarrels, parents sometimes decide to separate, but resume their conjugal life a few days later. [ 8 ] At the time of the hearing, the parents remain a couple. The mother minimizes the seriousness of their conflicts but mentions the possibility of undergoing marital therapy. [ 9 ] The child is clearly exposed to violence in the family, which constitutes psychological ill-treatment within the meaning of

section 38c) YPA. [ 10 ] The evidence also demonstrates the existence of a serious risk of negligence within the meaning of

section 38b)2 o YPA. [ 11 ] The father and mother have personal difficulties that hinder the exercise of their parental responsibilities. [ 12 ] The father has been battling a drug addiction problem for years. At the time of the hearing, he was taking

part in therapy in his community. [ 13 ] The couple also has to deal with financial problems.

[ 14 ] The father is exhausted and admits that he has to take care of himself. He is open about his difficulties and cooperates with the DYP. He will soon be seeing a psychologist and wants to get involved in a follow-up with the Convergence organization. [ 15 ] The mother also appears very vulnerable. [ 16 ] On September 28, the mother had to be hospitalized after stabbing herself. She underwent two surgeries and left the hospital on October 9, despite the doctors’ disagreement. [ 17 ] On the eve of the hearing, the mother submitted herself to a cocaine screening test, the result of which was positive.

She nonetheless stated that she did not use drugs. [ 18 ] It’s very difficult for the social worker to talk to the mother, and when she does, the mother blames others, notably the worker, for her issues. [ 19 ] Since the end of August, the child has been living with her aunt on a temporary basis. [ 20 ] The day after her arrival, the aunt went to the hospital with the child because of a problem with her nose. It turns out that the child has been suffering from an infection for several months because she has inserted objects into her nostrils.

Despite her symptoms, the parents did not seek medical attention. [ 21 ] The child has been doing well since moving in with her aunt, and her speech is developing. The parents visit her regularly and contact is positive. The child cries when her father leaves at the end of the visits. [ 22 ] The child is extremely vulnerable because of her young age. [ 23 ] The parents’ great personal and marital difficulties mean that she must stay with her aunt. It would be unrealistic to expect the child to return to her parents within a few weeks, as they have requested.

The parents must face up to their difficulties and work actively to resolve them. [ 24 ] Under the circumstances, entrusting the child to her aunt for the period recommended by the DYP seems entirely reasonable. [ 25 ] The evidence convinces the Court that the application is well-founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 26 ] GRANTS the application for protection; [ 27 ] 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 ; [ 28 ] ENTRUSTS the child to her paternal aunt, Ms C, until June 30, 2024; [ 29 ] ORDERS that contact between the child and her parents be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 30 ] ORDERS that the child be provided with any health care and social services required for her condition, notably a pediatric follow-up; [ 31 ] RECOMMENDS that the parents involve themselves in follow-ups related to their personal difficulties, particularly a psychological or an addiction follow-up, as long as deemed necessary by the professionals involved; [ 32 ] ORDERS that the parents report at regular intervals to the DYP to inform of their current situation; [ 33 ] RECOMMENDS that the parents submit themselves to random drug tests; [ 34 ] PROHIBITS the parents from exposing the child to any form of violence; [ 35 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 36 ] ORDERS that a person working for an organization or an institution bring to the child as well as to her family, help, advice and support until June 30, 2024; [ 37 ] 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 judgment; [ 38 ] ORDERS that the parties concerned by this judgment comply with it.

__________________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms. A Mother Mr. B Father Written judgment filed on November 6, 2023