2018 QCCQ 13939, 2018 QCCQ 13939

Protection de la jeunesse — 184298 2018 QCCQ 13939 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033740-184 DATE : May 31, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 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 subjected to psychological ill-treatment.

The Director also alleges that there is a serious risk that the mother does not meet the child’s basic needs. [ 3 ] On March 21, 2018, the Tribunal entrusted the child to the mother’s care on a provisional basis. [ 4 ] Today, the Director recommends that the child remains entrusted to the mother’s care and that support measures be ordered for a period of nine months. [ 5 ] The parents and the child’s lawyer are of the opinion that the file should be closed.

Questions in litigation [ 6 ] Is the child’s security or development compromised? [ 7 ] If so, are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The parents have been together for five years. They have a longstanding history of conflicts and incidents of conjugal violence.

The mother reported that the father has always been abusive towards her, including during her pregnancy. [ 9 ] On November 9, 2017, during an argument, the father made threats to beat up the mother. [ 10 ] On November 10, 2017, the father hit the mother while the child was in the home. He was arrested and currently has criminal conditions restraining his contacts with the mother. She mentioned that this was the “ last straw ”. She took the necessary steps to protect herself and her daughter.

[ 11 ] Despite the criminal conditions, the father contacted the mother on November 21, 2017 and in April 2018. The mother informed the police. [ 12 ] Since then, the father participated in a therapeutic process. He is open to participate in a parenting program. [ 13 ] Visits between the father and the child are organised and facilitated, every second weekend, by the paternal grandmother. [ 14 ] At one point, during the evaluation of the signalement, the mother expressed being overwhelmed and very tired.

On one occasion, the mother mentioned to a psychologist that sometimes “ she feels she would be better off dead ”. She understands that her use of words was worrying but she clarified that she had no suicidal intention. [ 15 ] The mother does not intend to reunite with the father, but eventually hope to co-parent with him. She recognizes the negative impact of violence on the child.

At this point, she can count on the support of her own mother, her friends and her family. [ 16 ] The child is up to date with her vaccination and is registered to attend daycare in September. [ 17 ] At this point, the mother does not see the need to receive mental health services for herself. The Director’s concerns does not necessarily leads to a preponderance of proof. [ 18 ] The Director has not proven, by balance of probability, that the child’s security or development is endangered.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] DISMISSES the application; [ 20 ] DECLARES that the security or the development of the child is not endangered; [ 21 ] ORDERS the file’s closure. __________________________________ François Ste-Marie, J.C.Q. Written and signed on June 12, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Maïa Sureau Counsel for the child Mtre Jean-Hervé Thomas Counsel for the mother Date of hearing: May 31, 2018