2020 QCCQ 7303, 2020 QCCQ 7303

Protection de la jeunesse — 206134 2020 QCCQ 7303 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002312-194 640-41-002313-192 640-41-002311-196 DATE: February 25 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2017 Y, Z, born on [...] 2013 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 95 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 (the “Director”) submits that the security and development of the children, X, Y and Z are in danger. [ 2 ] The father is present in Court.

He admits part of the alleged facts and refuses the measures proposed by the Director. [ 3 ] The Director wants the three children to be entrusted to foster care. [ 4 ] The father wants Z and Y to be entrusted to the mother and that he should take care of X. [ 5 ] The mother is represented by a lawyer.

She has the same position as the father regarding the proposed measures. [ 6 ] Z is six years old, X is two and Y is eleven months. [ 7 ] The children are represented by a lawyer. [ 8 ] The parents display unresolved alcohol and drug consumption issues. [ 9 ] The father admits taking marijuana every day and alcohol regularly. [ 10 ] During his testimony, he admits that his alcohol intake can affect his capacity to take care of the children.

[ 11 ] In May 2019, the father called the Director in order to get help as he was intoxicated and fighting with the mother. [ 12 ] The police needed to intervene as the parents were both intoxicated in the presence of the children. [ 13 ] X was brought to a nurse as he had bruises on his ear and on his head. [ 14 ] The evidence shows that X was adopted by Ms A and Mr B. The adoptive mother did not want to take care of him.

She showed aggressive behaviours towards him but not towards her own biological children. [ 15 ] Mr B is more attached to X but not really available to take care of him because of his severe personal issues which handicap his parental skills. [ 16 ] Voluntary measures were suggested to the parents but the help has been very difficult to put in place since last spring of 2019. [ 17 ] A new report was made on January 17 th 2020 concerning a situation of sexual abuse on Z by three other persons.

This evaluation was not completed and the abusers have not yet been identified. [ 18 ] In May 2019, the mother disclosed that the father would have tried to have sexual intercourse with Z while the child was sleeping in the bed with her. The mother still admits this disclosure in Court on February 25 th 2020. [ 19 ] The mother also said that a year before, while the father was intoxicated, he would have tried to remove Z’s underwear. [ 20 ] The father now says that he did that because Z had wet her underwear. [ 21 ] On January 17 th 2020, Z was attacked by a stray dog.

She is now hospitalized in Town A because of the seriousness of the wounds she bears after this incident. [ 22 ] The mother accompanied Z in Town A and is very supportive of her. [ 23 ] The father asked again the Director for help in January 2020. Questioned about this request, he answers that it was a mistake and that he did not really know to whom he should have referred to ask for help. [ 24 ] The parents’ situation is very chaotic and has been so for the last year.

They are confronted with alcohol and drug abuse and with a violent conjugal relationship. [ 25 ] The father cannot offer any stability for himself nor for the care of one of his children. [ 26 ] The mother has rejected X. She has her own personal issues and needs to address her alcohol intake by going to therapy. [ 27 ] The mother lately showed her capacity to be aware of Z’s needs by accompanying her at the Montreal Children’s Hospital. She is not however stable enough to care for her children alone on a regular basis.

FOR ALL THESE REASONS, THE COURT: [ 28 ] GRANTS the application; [ 29 ] DECLARES that the security and development of the children are in danger; [ 30 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth center; [ 31 ] ALLOWS gradual reintegration of the children, Y and Z in the care of the mother as soon as the situation allows it; [ 32 ] RECOMMENDS that the Director of Youth Protection take steps to discuss with the mother as to her participation in the “Portage Mother and Child” program in the situation of the child, Y; [ 33 ] ALLOWS the gradual reintegration of the child, X, in the care of his father after six months if the father seriously addresses his consumption issues and if it has proven that the rehabilitation process he has been through has succeeded; [ 34 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation of compromission; [ 35 ] ORDERS that the children and the parents take an active

part in the application of the measures; [ 36 ] ORDERS that the children and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 37 ] ORDERS that the parents remain sober in the presence of the children; [ 38 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 39 ] ORDERS that the contacts between the children and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 40 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family;

[ 41 ] RECOMMENDS that the Director of Youth Protection to get in communication with the maternal grandparents to see if they could act as foster parents for the child, Y; [ 42 ] ENTRUSTS the situation of the children, X, Y and Z to the Director of Youth Protection for the execution of the measures; [ 43 ] THE WHOLE until February 28 th 2021. __________________________________ JEAN GRAVEL, J.Q.C. Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the children Mtre Angele Tommasel, Attorney for the mother Me Daniel Crespo, Attorney for the father