2017 QCCQ 7491, 2017 QCCQ 7491

Protection de la jeunesse — 173221 2017 QCCQ 7491 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31712-169 Date: April 19, 2017 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 A Centres Applicant -and- A , the mother The parents -and- B , Party JUDGMENT

Section 38 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 April 19, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A Centres filed an Amended Motion to declare that the security or the development of a child is in danger in the case of X , a two year-old child, based on the serious risk of neglect to which she is exposed. [ 3 ] The Court was also presented with a similar motion regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the amended motion dated April 11, 2017 are as follows: 3.1. the parent does not meet the child’s basic needs in failing to provide the child with the appropriate supervision of support, or failing to take the necessary steps to provide the child with schooling, more particularly but not restrictively in that:

a) the child is the subject of an agreement under voluntary measures due to instability on the part of the mother, as it appears more fully from said agreements filed herein;

b) the mother has a long history of substance abuse, more particularly alcohol and marijuana;

c) the mother continues to smoke marijuana three (3) times a day and contends that she functions better when using marijuana;

d) the mother consumes alcohol on occasion, particularly when she has an argument with her live-in boyfriend, B; 3.2. the child is seriously and repeatedly subjected to behaviour on the part of her parents that could cause her harm and the child’s parents fail to take the necessary steps to put an end to the situation, more particularly but not restrictively in that:

a) the mother and her boyfriend argue frequently, during said arguments he denigrates the mother and [the child’s older sister], in presence of the child;

b) the mother has expressed the willingness to collaborate with Social Services however Mr. B is preventing the mother from collaborating;

c) the mother is financially and emotionally dependent on Mr. B and does not want to contradict him of his directive of not allowing Social Services access to the home;

d) on October 6, 2016, Mr.

B presented himself to the delegate’s office threatening and notified the delegate that he is no longer allowed to see the children or visit the home and attempts to reach the mother since have been unsuccessful (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing and given more recent positive developments, the Director recommends that the child be entrusted to the care of her mother and with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, assisted by Me Cloutier, admitted all the facts alleged in support of the motion and expressed her consent to all the proposed measures. [ 7 ] The child's father is not declared on her birth certificate. [ 8 ] The mother’s partner, Mr.

B, is considered by the family to be the child’s psychological father. The Court granted him the status of party to the hearing, with the consent of all the other parties.

He was assisted by Me Tourigny and consented to all the proposed measures. [ 9 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 10 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Birth Certificate; D-2: Orientation report, signed by [Social Worker 2], dated April 11, 2016; D-3: Agreement on voluntary measures signed by the mother on April 11, 2016; D-4: Court report, signed by [Social Worker 3], dated December 1, 2016; D-5: Addendum, signed by [Social Worker 1], dated April 7, 2017. [ 11 ] In

summary, the allegations are generally admitted and the parties are in agreement with the proposed measures. [ 12 ] Moreover, the family’s situation has improved significantly since the Director of Youth Protection’s initial involvement. [ 13 ] The parents have adopted a much more collaborative approach with the new worker and appear committed to taking steps to remain sober and act as positive role models for the child: [Mr. B] also stated that he will keep his home alcohol-free. He identified that he wanted to demonstrate to Ms. A that he will be supportive with her sobriety by remaining sober himself.

As for Ms. A, in response to the incident, she quickly began her employment search, met with an Addictions Counsellor at the B Shelter of City A, and began an eight week addictions course at the B Centre of City A.

She has regular contact with Ms. [Social Worker 4] (Family Support Worker) at the A Shelter of City A. [2] [ 14 ] Both parents have also begun couple counselling. [ 15 ] They are strongly encouraged to continue in their efforts. [ 16 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest. THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and the development of the child, X , are in danger under

section 38 (b) (2) 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: [ 19 ] ORDERS that the child be entrusted to the care of her mother; [ 20 ] ORDERS that the child not to be exposed to any form of verbal, physical, or psychological violence; [ 21 ] STRONGLY RECOMMENDS that the mother continue to receive services (i.e. A Shelter, B Center) to address her substance abuse and personal issues, TAKING JUDICIAL NOTICE that the mother and Mr. B are in agreement to participate in couple’s therapy;

[ 22 ] RECOMMENDS that Mr. B participate in an anger management course; [ 23 ] ORDERS that a person working for A Centres provide aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A Centres, who shall then see that the measures are carried out; [ 25 ] THE WHOLE for a period of six months. TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Francis Cloutier Attorney for the mother Me Marie-Ève Tourigny Attorney for the psychological father TD/vl