2019 QCCQ 17812, 2019 QCCQ 17812

Protection de la jeunesse — 196183 2019 QCCQ 17812 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000418-196 DATE: May 24, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and X, born on [...], 2019 Child and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) submits to the Court a motion asking to declare the security and development of X, born on [...], 2019, in danger in regards of

section 38 b) 2 o and

c) of the Youth Protection Act (YPA). [ 2 ] At the hearing, the parents are present, represented by Me Marie-Josée Ayoub for the mother and Me Michel Grenier for the father. Me Antoine Meunier represents the child and Me Adelia Ferreira, the applicant. [ 3 ] The parents admit many allegations, acknowledge that the security and development of the child are in danger and they both agree with the measures recommended. [ 4 ] It is proved that the parents have a violent relationship. They were involved in aggressive altercations and often had violent verbal arguments.

Because of these problems, the older sibling of the child is entrusted into a foster home. [ 5 ] The mother prioritised her marital relation over the care of her newborn. The father has issues with alcohol and drugs consumption. He did not engage in any treatment or program to address his issues. [ 6 ] The mother attended a program in October 2018 for 6 to 12 months but was discharged because of her violent behaviour towards her other child.

The mother admitted that she recently relapsed to cocaine and alcohol but only on one occasion. [ 7 ] Also, evidence reveals that the parent’s collaboration with the Director is minimal. [ 8 ] As all these allegations are proved, the Court declares the security and development of the child in danger because of the serious risk on negligence and the psychological ill-treatment. [ 9 ] For the measures, the Director recommends that the child remains with the mother as long as she attends and completes her treatment at [Organism A]. [ 10 ] Considering the young age of the child and the motivation of the mother to take care adequately of him, the Court endorses such recommendation.

The mother lives now alone with her child and all the father’s visits will be under the supervision of the Director. [ 11 ] The father is motivated to attend an anger management program and to submit himself, in a delay of 15 days, to an evaluation with the [Organism B] worker and to follow his recommendations. [ 12 ] The parents are well aware that they must change their way of life and seek for specialized services for their issues if they really

care for their son. It is urgent for them to change their way of life. [ 13 ] Considering the evidence and the parent's agreement; THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X are in danger in regards of

section 38 b) 2 o and

c) of the Youth Protection Act; [ 16 ] MAINTAINS the child with the mother at the condition she attends and completes the therapy in [Organism A] and follows their recommendations; [ 17 ] TAKES NOTICE that the parents are separated and that the contacts between the father and the child will be under the supervision of the Director; [ 18 ] ORDERS the father to attend an anger management program and to submit himself, in a delay of 15 days, to an evaluation with the [Organism B] worker concerning his alcohol and drug issues and to follow all his recommendations; [ 19 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the child for one year; [ 20 ] ORDERS the Director to supervise the visit of the father to the child as for duration, frequency and presence of a third party if requested; [ 21 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed in City A on July 8, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: May 24, 2019