2021 QCCQ 14356, 2021 QCCQ 14356

Protection de la jeunesse — 217702 2021 QCCQ 14356 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] “Youth Divison” No 450-41-007909-212 450-41-007910-210 DATE: April 23, 2021 ______________________________________________________________________ PRESIDING: HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection, working at […], Town A, Québec, District A; Applicant -and- X Born […], 2019 Y Born […], 2018 Children -and- A -and- B Children’s parents ______________________________________________________________________ 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 11.2. 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection (DYP) submits an application to the Court to intervene in the situation of the children due to the parents’ conflictual relationship. The DYP also alleges that the children are affected by the father’s alcohol problem and that they also suffer from neglect with respect to their education. [ 2 ] To help the parents resolve their problems, the DYP recommends that the children be entrusted to the mother and that contact with the father be maintained.

However, since the father has made efforts to resolve his personnel problems, the DYP recommends reinstating shared custody as soon as the children start daycare

[ 3 ] The parties agree with the recommendations. Reasons for the Director’s intervention [ 4 ] Y is 2 years old and X is 19 months old. When the parents separated, they decided to share custody (2-2-3-3). During that period, while the father was at work, the mother babysat the children. This increased number of exchanges between them created more opportunities for conflict. [ 5 ] In the fall of 2020, the Director accepted a report regarding a situation of psychological ill-treatment, neglect with respect to education and a serious risk of neglect.

After evaluation and considering that the parents were recognizing their problems, on December 1, 2020, the parties signed a 6-month agreement on voluntary measures, entrusting the children to the parents. [ 6 ] In that agreement, the father committed to remaining sober in the presence of the children and to residing at the home of the paternal grand-parents. [ 7 ] The parents now realize that their very conflictual relationship has an impact on the children. When at odds, the parents might send each other as many as 78 emails in one weekend and the exchanges of the children would be tense.

The children have been exposed to their parents’ conflictual relationship on a regular basis. [ 8 ] On the evening of December 9, 2020, the parents agreed to meet at the mother’s house to talk about their situation. However, during that meeting the father was intoxicated and he drove his car under the influence of alcohol. Moreover, he drank alcohol despite the children being at his place for the night. [ 9 ] The next day, a conflict occurred between the parents in front of the children and the father hit the mother on the head. Because of this attack, the mother suffered a concussion.

The mother filed a complaint with the police after the events. [ 10 ] The DYP has noted that the current terms of the shared custody (2-2-3-3) exacerbate the parents’ conflictual relationship. [ 11 ] In February 2021, the DYP felt the need to apply to the Court for new measures to address the situation. [ 12 ] Considering the evidence, the Court concludes that the DYP’s intervention is justified for the reasons mentioned above. Applicable measures [ 13 ] The father says he was shocked when he lost custody of his children.

Since then, he has made tremendous efforts to try to resolve the situation. [ 14 ] The father took the necessary steps to have follow-up with the Centre A regarding his alcohol consumption problem. He had a first meeting in February 2021. [ 15 ] He went to Centre B to learn to better control his temper and got an appointment for an evaluation. He is on a waiting list to get support. [ 16 ] The mother says it is very important that the father remains sober at all times when he is with the children.

Otherwise, something very serious could happen to the children. [ 17 ] The Court is of the view that the mother’s concerns are justified. The father’s progress must be followed closely. [ 18 ] The father knows that he is fragile in terms of alcohol consumption. He understands the mother’s concerns. [ 19 ] As for the mother, she has done better since the DYP’s first intervention. She does have parenting abilities. [ 20 ] The parents agree that the children should be going to daycare full time. This will be good for their development.

The children were supposed to start kindergarten in September but the social worker says that a place could be available in June. If so, shared custody could start earlier as long as the father maintains his efforts with Centre B and Centre A. [ 21 ] Considering the evolution of the situation, the Court concludes that the measures that are proposed today are in the children’s best interest.

FOR THESE REASONS, THE COURT: GRANTS the present application according to the amended conclusions dated April 15, 2021; DECLARES that the security and development of the children X and Y are in danger, for the following grounds of the Youth Protection Act : •

section 38(c) - psychological ill-treatment; •

section 38(b)(1)(iii) - neglect with respect to education; •

section 38 (b)(2) - serious risk of neglect. ENTRUSTS the children to their mother; AUTHORIZES contact between the children and their father, upon agreement and according to the terms and conditions set with the

Director of Youth Protection; AUTHORIZES according to the evolution of the situation, a return to shared custody; ENTRUSTS the children to their parents, once shared custody is reinstated; ORDERS that the parents take an active

part in the application of any of the measures ordered, namely that they collaborate with the preparation of an intervention plan and any social follow-up; TAKES NOTICE of the father’s undertaking to remain sober when in the presence of the children; TAKES NOTICE of the father’s undertaking to maintain his personal follow-ups, as long as deemed necessary; ORDERS that a person, working for the Director of Youth Protection of the CIUSSS A or any other establishment or body, provide aid, counselling and assistance to the children until January 15, 2022; ENTRUSTS the situation of the children X and Y to the Director of Youth Protection who will see that the measures are carried out. ___________________________________ Lise Gagnon, J.C.Q.

Mtre Marie-Pier Trépanier For the Director of Youth Protection Mtre Karolanne Bonin For the children Mtre Geneviève Lafontaine For the mother Mtre Bruno Riopel For the father Date of hearing: April 23, 2021 Last exhibit for the Director of Youth Protection: D-4 Exhibit for the mother: M-1