2018 QCCQ 18227, 2018 QCCQ 18227

Protection de la jeunesse — 189369 2018 QCCQ 18227 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No. 635-41-000891-181 DATE: August 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on […], 2016 Child ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 73.1 and 38 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ JB3406 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 guilty of 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 submitted an application to the Court to have the security and development of the child declared in danger because he is a victim of psychological ill-treatment by his parents, is at serious risk of his parents not providing for his basic needs and is at risk of physical abuse. [ 2 ] The Director alleged the following facts. The child is developing normally under the care of the parents. Both parents have drinking problems.

They have had episodes of conjugal violence. The mother sought help through social services regarding her drinking problem. The father works full time. When the parents drink, they often leave the child with the grandparents. The parents are cooperating well with Youth Protection. [ 3 ] The Director recommends that the Court maintain the child with his parents and that it order several assistance measures, including follow-up by social services until June 7, 2019. [ 4 ] The parents admit most of the facts alleged and agree with the Director’s recommendations. [ 5 ] The evidence reveals the following facts.

The child is three years old. He has many siblings and the Court has the situation of his brother Y, a sixteen-month-old toddler, before it. [ 6 ] X is the mother’s favorite. He was wanted; his brother was not. On June 14, 2018, the mother asked to the Director to entrust the child Y to a foster family as she was overwhelmed and did not want him anymore. She disclosed that she hit the child and pulled his hair. When the youth worker went to pick up the child, she observed that he had physical injuries from the assault, notably two black eyes

dried blood in his nose, bruises and scratches on his body and a small patch of hair missing. The child was hospitalized for one night due to the seriousness of his injuries. [ 7 ] At the Director’s office, when the mother him Y, his brother X hit him with a pillow. The youth worker stopped him. [ 8 ] X is developing normally; Y has developmental delays. [ 9 ] The Revision Report states that X appears to have a close relationship with his two parents. He always appears to enjoy spending time with them.

Even if the mother is able to take care of the children’s basic needs, we have not observed an affectionate behaviour by the mother towards her children. [ 10 ] The mother’s parenting abilities must be assessed by a psychologist. The mother has outbursts when she is emotionally challenged by a child. Presently, X is the favorite child. He will not always be the cute and smart little boy that the parents dreamt of. He is still young, but he will challenge his mother’s authority. How will the mother react? [ 11 ] Both parents have drinking problems. They drink at lot regularly.

They consider their drinking to be normal, but it is not. At least, when the parents drink, they bring the child to an extended family member for the night. The mother would benefit from the A treatment program for herself and for the child. The mother needs to address her drinking and emotional problems. THEREFORE, THE COURT: [ 12 ] ALLOWS the application; [ 13 ] DECLARES that the security and development of the child are in danger because he is a victim of psychological ill-treatment by his parents, is at serious risk of his parents not providing for his basic needs and is at risk of physical abuse.

AS MEASURES DEEMED TO BE IN THE CHILD 'S INTEREST, THE COURT: [ 14 ] ORDERS that the child be maintained with his parents; [ 15 ] RECOMMENDS that the mother enter A Program with the child and complete the program; [ 16 ] RECOMMENDS that the mother benefit from a psychological assessment in regard to her parenting abilities and emotional state; [ 17 ] ORDERS that the parents remain sober and refrain from all violent behaviour in the presence of the child; [ 18 ] RECOMMENDS that the father seek help from social services for his drinking and anger issues; [ 19 ] ORDERS that the Director of Youth Protection conduct unannounced visits at the parents’ household; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they are taking for themselves or for the child to put an end to the situation of endangerment; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court and cooperate fully with the Director of Youth Protection; [ 22 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family until June 7, 2019; [ 24 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out.

SIGNED IN TOWN C October 9, 2018 LUCILLE BEAUCHEMIN J.C.Q. Mtre. Geneviève Apollon

Counsel for the Director of Youth Protection Mtre. Cassandra Neptune Counsel for the child Date of hearing: August 21, 2018