2018 QCCQ 10734, 2018 QCCQ 10734

Protection de la jeunesse — 181044 2018 QCCQ 10734 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31712-169 Date: January 10, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2014 [Social Worker 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent -and- B , Party JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 10, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on April 19, 2017, whereby the now three year-old child, X , was entrusted to her mother with aid, counsel and assistance, for a period of six months. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Application for extension dated October 17, 2017, are as follows: 3.1. the child is progressing well overall; 3.2. on or about July 27, 2017, the mother went out drinking with friends and returned home under the influence of alcohol; 3.3. on or about July 27, 2017, police were called to the home by the child’s 13 year old sister, due to an argument between the mother and Mr.

B which escalated into a physical altercation; 3.4. both the mother and Mr. B under criminal court conditions as a result of the above; 3.5. the child remains vulnerable given her age; 3.6. it would be premature to end social services intervention (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months.

[ 6 ] The mother and daughter were not present at the hearing. The worker testified that they reportedly recently moved to City A in [Country A]. [ 7 ] The child’s psychological father, Mr. B, was present and assisted by Me Bernier. He confirmed the mother’s move to [Country A], expressed his approval of the move and the family’s consent to continue to receive social services following their move.

He plans to join the family as soon as possible. [ 8 ] Me Fafard, on behalf of the child, approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-6 and to D-7 as evidence: D-6: Court Report, written by [Social Worker 1], dated October 23, 2017; D-7: Addendum, written by [Social Worker 1], dated January 5, 2018. [ 10 ] In

summary, despite their challenges, the family generally collaborates openly and willingly with social services and agrees to accept ongoing support. In addition, the couple intends to continue to seek counselling to improve their relationship. [ 11 ] As summarized in the Court Report , ongoing support: […] would allow the DYP to confirm that couple’s therapy will be completed and provide intervention should another altercation occur. [2] [ 12 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the child remain entrusted to the care of her mother; [ 16 ] ORDERS that the child not be exposed to any form of verbal, physical, or psychological violence, including the use of threats and denigration; [ 17 ] ORDERS that the mother and Mr.

B refrain from consuming or being under the influence of alcohol or drugs in the presence of the child; [ 18 ] ORDERS that the mother ensure that the child is not exposed to any individual under the influence of alcohol and/or drugs in her home environment; [ 19 ] STRONGLY RECOMMENDS that the mother continue to engage in community services (i.e. A Women’s Shelter or similar services) to address her substance abuse and personal issues TAKING JUDICIAL NOTICE that the mother and Mr. B are participating in couple’s therapy; [ 20 ] RECOMMENDS that Mr.

B take steps to address his personal issues (anger management, communication skills, past trauma, etc.) and report his progress to the Director of Youth Protection TAKING JUDICIAL NOTICE of his agreement; [ 21 ] ORDERS that a person working for the Centre A provide aid, counsel and assistance to the child and her family; [ 22 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre A , who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of nine months. Signed on January 24, 2018

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child Me Francis Cloutier Attorney for the mother Me Laurent Bernier Attorney for Mr. B TD/vl