2020 QCCQ 7291, 2020 QCCQ 7291

Protection de la jeunesse — 206122 2020 QCCQ 7291 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001049-201 635-41-001047-205 635-41-001048-203 DATE: August 26 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2015 Y, born on [...] 2020 Z, born on [...] 2018 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 Director of Youth Protection submits that the security and developments of the children, X, Y and Z are in danger. [ 2 ] The parents admit part of the alleged facts.

The Director suggests that the three children be entrusted to foster care. The mother agrees, but the father wants the children to be entrusted to his parents. [ 3 ] The children are very young. X is 5 years old, Y is 14 months old and Z is 2 years old. They are represented by a lawyer. [ 4 ] In February 2019, the family was reported for conjugal violence. [ 5 ] The parents are involved in a conjugal violent relationship. [ 6 ] Some of the violent incidents occurred in the presence of the children. [ 7 ] The parents are facing personal alcohol abuse issues.

They did not seek help. [ 8 ] The mother does not see the impact of the violent occurrences in front of her children.

[ 9 ] The mother does not perceive either the impact of her alcohol abuse in front of her children. [ 10 ] She lives with her own parents who take care of the young children. [ 11 ] The father exhibited suicidal ideations and was hospitalized regarding this. [ 12 ] The social worker testifies that the maternal grandparents accept to take care of X and Z but asks that another foster family take care of Y because of her young age and the intensity of care she should be offered. [ 13 ] The father opposes this solution. He wants the three children to be entrusted together.

He wants the children to be entrusted to his parents. [ 14 ] This is a newly proposed solution by the father. The social worker had asked on many occasions the parents as to who they could suggest to take care of their children as foster parents. The father never referred to his parents before. [ 15 ] The paternal grandmother said this morning that she would rather go hunting or to work, but finally changed her mind and accepted to take care of the children. [ 16 ] The father proposes this solution as he wants to have a better access to his three children.

He submits that the mother spends the family allowances to buy alcohol to drink with the maternal grandparents. [ 17 ] The violent conjugal relationship and the substance abuse issues by the parents are an ongoing pattern. [ 18 ] The father’s mental health is precarious. [ 19 ] The children cannot have a response to their emotional needs from their parents. [ 20 ] The children need a stable environment and persons who are able to respond to their needs at all times. [ 21 ] Recently, the mother has shown a better motivation to be involved in her children’s life.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the children, X, Z and Y, are in danger for the following motives: • 38 b) 2): Serious risk of neglect • 38 c): Psychological ill-treatment [ 24 ] ORDERS that the children, X and Z be entrusted to Ms C and Mr D and that the child, Y be entrusted to a foster family, namely that of Ms E and TAKES ACT that this family is recognized as a foster family; [ 25 ] RECOMMENDS that unannounced visits be made to the residence of the maternal grandparents; [ 26 ] RECOMMENDS that the contacts between the three children be favoured; [ 27 ] ORDERS that the contacts between the parents and the children be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 28 ] ORDERS that the children gradually reintegrate their family environment if the situation allows it; [ 29 ] ORDERS that the parents be sober and refrain from violent behaviours in the presence of the children; [ 30 ] ORDERS that the children and the parents report in person, at regular intervals, to the Director of Youth Protection; [ 31 ] ORDERS that the children and the parents in particular take an active

part in the application of the measures; [ 32 ] ORDERS that the parents seek help for their alcohol addiction and their drug addiction; [ 33 ] ORDERS that the father seek help for his anger management and mental health problems; [ 34 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children, the grandparents, the parents and the foster family; [ 35 ] ORDERS the police to collaborate to the execution of the measures if needed; [ 36 ] ENTRUSTS the situation of the children, X, Z and Y to the Director of Youth Protection for the execution of the measures; [ 37 ] THE WHOLE until December 11 th 2020.

__________________________________ JEAN GRAVEL, J.Q.C. Mtre Genevieve Apollon, Attorney for the applicant Mtre David Boudreau, Attorney for the children Mtre Nada Boumeftah, Attorney for the mother Mtre Eve Laoun, Attorney for the father