2020 QCCQ 11249, 2020 QCCQ 11249

Protection de la jeunesse — 208671 2020 QCCQ 11249 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001066-205 DATE: October 2, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 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 October 2, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the parents are failing to provide the child with the appropriate supervision, that a serious risk of neglect exists and that the child is subject to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to his parents’ care and that diverse support measures be ordered until October 31. 2021. [ 4 ] The parents are in agreement with the Director’s plan. [ 5 ] The child’s attorney also agrees with the Director’s recommendations.

She proposes that unannounced visits be authorized. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The parents have drug and alcohol consumption issues. They consume marijuana on a daily basis. The parents do not consider that their consumption is problematic and they have not sought support from Social Services. They report that normally when they consume alcohol, they bring the child to the maternal grandfather, Mr.

C. [ 8 ] On August 15 and 23, 2019, the police intervened due to situations of conflicts between the parents and loud noise. On both occasions, they were intoxicated by alcohol. [ 9 ] On September 9, 2019, the mother requested the police involvement as she was afraid of the father. When the police arrived, the child was alone in the home, crying. The child and the mother were eventually brought to the maternal grandfather’s place.

[ 10 ] On October 7, 2019, the parents were intoxicated and left the child without supervision at home. When the police entered the house, the child was crying on the mattress in the living room. The stove was turned on, with a knife on it. The child was placed temporarily with his grandfather. [ 11 ] On January 30, 2020, the father was charged for mischief and obstruction to a peace officer.

During their intervention, the police observed that both parents were intoxicated by alcohol. [ 12 ] On March 21, 2020, the mother requested the police intervention as the father was refusing to let her in the house with the child. The father had blocked the door and was smoking drugs in the kitchen. The mother eventually went to the maternal grandfather’s home. [ 13 ] On April 3, 2020, the child was left alone at home without supervision. He was found crying. At the time, the mother was intoxicated by alcohol. [ 14 ] On July 24, 2020, the mother requested support to get her son back.

He was in a shack with the father and other individuals who were intoxicated. Later that day, the police’s involvement was requested as the father had returned home and kicked the door of the residence. The mother and the child were brought to the maternal grandfather. [ 15 ] During the evaluation process, the father was able to recognize that he should not consume in front of his son and should not leave him alone in the home.

He had no intention to stop consuming marijuana but wished to stop his alcohol consumption without outside support. [ 16 ] During the evaluation process, the mother was able to recognize that alcohol consumption had been an issue for herself and the father. When the father drinks, he can become verbally aggressive to the point where the mother fears for her safety. The mother reported that, on at least two occasions, the child witnessed the father being intoxicated and verbally aggressive.

The mother reported being pregnant and that since she learned about the pregnancy, she stopped consuming alcohol. [ 17 ] The parents collaborated with the Youth Protection worker. [ 18 ] The child is attending grade 1 in school. He enjoys learning and appears happy.

He is on a waiting list to see a dentist for his cavities. [ 19 ] The Youth Protection worker clarified the Director’s goal the following way [1] : The main objective of the Youth Protection interventions will be to ensure that (the child) remains under the care of his parents, and that he thrives in a safe home, free of stress and psychoactive substances abuse. It is important that the parents be aware of the consequences of their lifestyle on their son, mainly that they address their dependency and their conjugal conflicts.

As well, it will be important to ensure that the parents always make protective choices before they start to consume, by bringing their son to a responsible babysitter, to ensure that he is always properly supervised. [ 20 ] In the past year, the child has witnessed his parents while they were intoxicated and verbally aggressive towards each other. This had an effect on him. On two occasions, following an argument between the parents, the mother left the home in order to get help and the father left the residence to prevent from being arrested.

In these circumstances, the child was left alone without proper supervision. The child is vulnerable and should not be put in such situations. The parents always need to prioritize the child’s needs over their own. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 23 ] ORDERS that the child remain with his parents; [ 24 ] ORDERS that the child and his parents take an active

part in the application of any of the measures ordered by the tribunal; [ 25 ] ORDERS that the child or his parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] RECOMMENDS that the parents seek help through Social Services for their substance abuse and conjugal issues; [ 27 ] AUTHORIZES that the Director of Youth Protection access the information regarding the parents’ presence at appointments with professionals and the level of involvement with the services provided; [ 28 ] AUTHORIZES that unannounced visits be done by the Director of Youth Protection at the parents’ home; [ 29 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 30 ] THE WHOLE until October 31, 2021; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the father Date of hearing: October 2, 2020