2019 QCCQ 15134, 2019 QCCQ 15134

Protection de la jeunesse — 1911740 2019 QCCQ 15134 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002324-199 640-41-002325-196 640-41-002323-191 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 Y Born on […], 2016 Z Born on […], 2015 and A B parent s ______________________________________________________________________ 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.). Introduction [ 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 October 10, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for psychological ill-treatment by exposure to domestic violence cause by the father, and denigration from the part of the mother (

section 38

c) of the Youth Protection Act ), and for Z and Y, for physical abuse cause by the mother (

section 38 e) 1 of the Youth Protection Act ) , and for risk of physical abuse for X (

section 38 e) 2, of the Youth Protection Act ) as expressed in the motion. [ 3 ] Consequently the Director asks the Court to entrust the children to a foster family, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The proof reveals that DYP is involve with the family since 2017.

[ 6 ] On august 21, the children were placed in foster home following a hearing on provisional measures. Both parents showed a lack of interest in seeing their children. [ 7 ] The parent’s family network showed great instability during this placement. [ 8 ] The children are highly vulnerable due to their young age. They have been exposed to conjugal violence, and mother was aggressive towards her children as well as towards the Youth Protection workers. She does not know how to control her emotions.

She is described as an impulsive person. [ 9 ] On May 10, the mother slapped Y in the face twice, in front of witnesses, and screamed bad words to her, and threw a bottle on the wall. She claims that she was isolated, getting depressed and stressed. [ 10 ] It is also reported that she hits Z on the legs but she denies.

She say that she never did anything wrong with the children, but she knows she was involved in some bad events like threatening the Youth Protection worker, and slapping Y. [ 11 ] Mother does not drink but father does sometimes. [ 12 ] Both parents refused to receive help; a program for new parents was offered, the parents did not attend. [ 13 ] Mother is seeing the Social Services every week, and it seems that she improves. [ 14 ] The parents will have to decide what they want to do, to find new ways of dealing with stressful situations, and learn how to correctly discipline a child if they want their children back with them. [ 15 ] Due to the young age of the children until the parents put themselves in action, they will remain in foster home. [ 16 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] Declares that the security and development of the children X, Y and Z are compromised for psychological ill-treatment according to

section 38 c) , for physical abuse in the situation of Y and Z, according to

section 38 e) 1 and for risk of physical abuse in the situation of X according to

section 38 e) 2 of the Youth Protection Act ; [ 19 ] ENTRUSTS the children to a foster family chosen by the Director of Youth Pro-tection, with possible reintegration with the parents when and if the situation allows it; [ 20 ] ORDERS the parents to seek help to ensure they discipline their children appropriately; [ 21 ] ORDERS the parents to take an active

part in the application of any of the measures ordered by the court; [ 22 ] ORDERS that the contact between the children and the parents be determined by the Director as for the modalities, frequency and degree of supervision and that the contacts be favorized; [ 23 ] STRONGLY RECOMMENDS DYP to find, as soon as possible, a foster family in Town A; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 25 ] ENTRUSTS the situation of the children to the DYP who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present decision by any peace officer.

THE WHOLE until October 30 th , 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Éliane Villemur Counsel for the children Mtre Angèle Tommasel Counsel for the parents