2013 QCCQ 17762, 2013 QCCQ 17762

Protection de la jeunesse — 138324 2013 QCCQ 17762 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Court Division N°: 525-41-027645-134 Date: November 27, 2013 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2013 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 27, 2013, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A Youth and Family Centres filed a motion to declare that the security and development of a child is in danger in the case of X , a three month-old child, based on the neglect and psychological ill-treatment to which she is exposed. [ 3 ] The facts alleged in support of the motion dated August 29, 2013 are as follows: 3.1. on August 14 th and 16 th , 2013, the child's situation was reported to the Director of Youth Protection ; 3.2. the child was born prematurely and remained hospitalized until August 23 rd , 2013; 3.3. the mother received no prenatal care during her pregnancy; 3.4. the mother found out she was pregnant with the child only three (3) weeks before giving birth; 3.5. the mother has been a victim of conjugal violence at the hands of the father more particularly but not restrictively in that:

a) in February 2013, an incident of conjugal violence occurred whereby the father strangled and hit the mother;

b) additional information is to the effect that the father has, on one (1) occasion, pulled out the mother's hair;

c) there are reasons to believe that there have been additional incidents of conjugal violence between the parents; 3.6. the mother minimizes the extent of the conjugal violence between herself and the father, more particularly but not restrictively in that she claims the incident of February 2013 was an isolated one; 3.7. the mother has recently undertaken steps to seek community services, in order to obtain assistance for the child's care; 3.8. the parents have recently demonstrated a willingness to collaborate transparently with the youth protection worker; 3.9. on August 23 rd , 2013, immediate protective measures were invoked and the child was entrusted to a confidential foster home; 3.10. on August 26 th , 2013, the court granted the extension of the immediate protection measures and the child has been residing since in a confidential foster home; 3.11. the mother recently indicated to the youth protection worker that she intends on moving in to the child's paternal grandparents' home; 3.12. the father is currently subject to court conditions prohibiting him form being in contact with his parents (the child's paternal grandparents) in relation to an assault-related incident (reproduced with errors and/or omissions). [ 4 ] The case was first scheduled to proceed on October 8, 2013.

However, the parties then agreed to postpone the hearing on the merits and the father undertook to take immediate steps to participate in an anger management program. [ 5 ] The case was therefore set to proceed on November 27, 2013. [ 6 ] In light of the facts alleged in support of the motion, and considering new developments in the family situation, the Director then recommended that the child remain entrusted to her mother on the condition that she reside at the paternal grandparents' home, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months.

Moreover, the Director no longer had any concerns of neglect for the child given the quality of care from the mother. [ 7 ] The father, who chose to proceed without the assistance of legal counsel, admitted many of the alleged facts and consented to the proposed measures. [ 8 ] He added that he attended an intake meeting as well as his first anger management session and intends to complete the fourteen remaining sessions at the A Clinic.

He also added that he is providing for the child financially and would like to be involved in her life. [ 9 ] As for the mother, she claimed that she had made false accusations against the father, more particularly regarding the incident of February 2013, which she now states are totally untrue. [ 10 ] Moreover, although she acknowledged the Director of Youth Protection's grounds for concern, she argued vehemently against their involvement in her family's life based on her own very negative experiences in foster care in her youth. [ 11 ] She also emphasized the positive supportive role the child's paternal grandparents are playing in helping her provide for her daughter. [ 12 ] Me Fafard, on behalf of the child, made no admissions but emphasized the young parents' strengths in spite of their conflicts. [ 13 ] The Director filed Exhibits D-1 to D-6 as evidence: D-1: Child's birth certificate; D-2: Court report by [social worker 1], dated October 1, 2013; D-3: Father's criminal conditions as of October 2, 2013, in the file bearing #500-01-084329-132 per event number 01-130117-020 (filed under s. 294.1 C.p.c.); D-4: Police report bearing event #30-130221-020 (filed under s. 294.1 C.p.c.); D-5: Police report bearing event #30-131104-013 (filed under s. 294.1 C.p.c.); D-6: Addendum dated November 18, 2013 by [Intervenante 1]. [ 14 ] It should be noted, however, that the child's birth certificate was only forwarded on January 22, 2014. [ 15 ] In

summary, the evidence establishes that the Director of Youth Protection's involvement is warranted based on the risk of the child's continued exposure to the highly volatile nature of the parents' relationship. [ 16 ] Whether the incidents of violence occurred as initially alleged by the mother or whether they were fabricated, as she later claimed, the evidence clearly establishes the parents' inability to settle their differences safely, without jeopardizing their child's security and stability.

[ 17 ] The parents will need to ensure that they take the necessary steps to effectively co-parent their child, irrespective of their differences. [ 18 ] On the other hard, it should also be noted that the mother's abilities to nurture and care for her child are otherwise more than satisfactory, effectively dissipating the Director's concerns of neglect. [ 19 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest. [ 20 ] THEREFORE, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and the development of the child, X , are compromised under

section 38

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 23 ] ORDERS that the child continue to be entrusted to her mother on the condition that she reside at the paternal grandparents' home; [ 24 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if necessary; [ 25 ] RECOMMENDS that the mother continue to access services in the community to address her issues (stable living situation) and follow through with recommendations made by involved workers or professionals; [ 26 ] TAKES JUDICIAL NOTICE that the father has begun to attend anger management sessions at the A Clinic; [ 27 ] ORDERS that the father continue to do so until he has completed the required 15 sessions TAKING JUDICIAL NOTICE of his undertaking to do so; [ 28 ] ORDERS that the parents ensure that the child is not exposed to any form of physical or verbal violence TAKING JUDICIAL NOTICE of their undertaking to do so; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and release relevant information to service providers working with the family regarding participation and attendance; [ 30 ] ORDERS that both parents continue to collaborate with the Director of Youth Protection, including meeting with the youth protection worker upon request; [ 31 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 33 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 34 ] THE WHOLE for a period of six months.

TAYA DI PIETRO, Q.C.J. Me Anne-Marie Dodds / AQ7583 Attorney for the Director of Youth Protection Me Alec Fafard / AF7221 Attorney for the child TD/vl