2018 QCCQ 13731, 2018 QCCQ 13731

Protection de la jeunesse — 184299 2018 QCCQ 13731 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 525-41-033756-180 DATE : May 31, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2010 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 31, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that the child is subject to psychological ill-treatment. [ 3 ] On March 29, 2018, the Tribunal entrusted the child to the mother’s care on a provisional basis.

The Tribunal also ordered that the frequency and modalities of contacts between the child and the father be determined by the Director. [ 4 ] Today, the Director recommends that the child remain entrusted to the mother’s care and that contacts between the father and the child be organised by the Director. The Director recommends that support measures be ordered for a period of six months. [ 5 ] The parents and the child’s lawyer are in agreement with the proposed plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 7 ] On March 30, 2017, the parties signed an Agreement on Voluntary Measures. [ 8 ] The father has a history of drug and alcohol abuse. When under the influence, the father can become verbally and physically aggressive. The child has been witness to such episodes of violence between the parents. [ 9 ] On December 15, 2016, the father was convicted of assault, breach of undertakings, assault with a weapon and mischief.

He has a probation with conditions, including a restriction of contact with the mother. [ 10 ] Since February 2018, the father begun addressing his issues of anger at the McGill Domestic Violence Clinic. He has not yet sought treatment to address his addiction issues, other than attending some AA meetings.

[ 11 ] Since the end of March 2017, the father has been more consistent in seeing the child. Supervised visits are now arranged between the child and the father. They appear positive for the child. [ 12 ] The mother is isolated. At times, she can become overwhelmed with the care of the three young children. She can count on the support of an educator since April 2017. She also receives emotional support from a social worker from the CLSC and to support connecting her with other resources.

At this point, the maternal grandmother also provides support to the family. [ 13 ] The parents report that they have no intention to reunite as a couple. THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security or the development of the child is endangered (

section 38

c) of the Youth Protection Act ); [ 16 ] ORDERS that the child be entrusted to the care of the mother; [ 17 ] ORDERS that the frequency and modalities of contacts between the child and the father be determined by the Director of Youth Protection; [ 18 ] ORDERS the parents to ensure that the child is not exposed to any verbal or physical violence; [ 19 ] STRONGLY RECOMMENDS that the father participate in a substance abuse treatment program and follow the program’s recommendations (i.e.

Foster’s Pavilion); [ 20 ] STRONGLY RECOMMENDS that the father complete all of his sessions at the McGill Domestic Violence Clinic; [ 21 ] AUTHORIZES the Director of Youth Protection to exchange information with the professionals involved with the family; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 23 ] THE WHOLE for a period of six months; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 6, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Adriana Chafoya-Hunter Counsel for the child Mtre Farah Nantel Hamud Counsel for the mother Mtre Luc Trempe Counsel for the father Date of hearing: May 31, 2018