2018 QCCQ 14224, 2018 QCCQ 14224

Protection de la jeunesse — 184657 2018 QCCQ 14224 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000302-188 DATE: June 21, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF A Plaintiff and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, Youth Protection Act ) ______________________________________________________________________ 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 ] On New Year’s Eve, X’s parents had consumed alcohol and the mother lacerated her wrist with a knife. [ 2 ] She was hospitalized and received stitches and transferred to Hospital A for a psychiatric evaluation. [ 3 ] During this time, X was with his grand-parents and the great-grand-mother (

C) was keeping watch on the family as a security net. [ 4 ] The mother was released from the hospital and would go back and forth between her parents’ and her grandmother’s home with the baby. [ 5 ] On February 18 th , A was assaulted by her father and that was happening on a regular basis. [ 6 ] After this event, the mother was living fulltime at her grandmother’s (

C) home with X and his father. [ 7 ] On April 24 th 2018, A was again under the influence of alcohol. She stole the keys of her grandmother’s vehicle and locked herself in the van. [ 8 ] A’s grandmother attempted to find her the next day but she was nowhere to be found. [ 9 ] Immediate protective measures were taken and X was entrusted within the extended family with Ms. D. [ 10 ] A has since moved to Town A. She lives in an area where there is a lot of consumption and a lot of police interventions.

[ 11 ] The mother and the father are known to the Director’s services. [ 12 ] The father B has another child and the mother has the custody of this child fulltime. [ 13 ] Since the immediate protective measures, X has been living with Ms. D at Town B. [ 14 ] Ms. D is the only family member that clearly stated not being afraid of the grandmother and wanted to help out her family. [ 15 ] The mother loves her son.

She is able to give him a lot of affection and X looks to her for comfort. [ 16 ] She has been torn between being a child and a mother herself. [ 17 ] Being a young mother, she has difficulties tending to her child’s basic needs. [ 18 ] The mother is a teenager; she wants to sleep in so others would tend to X while she would sleep. [ 19 ] The father seems to be an accessory; he is there but does not tend the child’s needs. [ 20 ] The parents have the capacity to make the necessary changes but it is unclear how long it will take them considering their age. [ 21 ] X is extremely vulnerable based on his young age.

He depends solely on his caregivers to tend to his every day. [ 22 ] He needs a quiet environment free of consumption and violence to develop to his full potential. [ 23 ] The mother has stated to social worker that she wants her child back but has not communicated with her to see what she needs to do. [ 24 ] The father has not once expressed his opinion on the situation. [ 25 ] The parents need to work on their consumption issues and communication within the couple. [ 26 ] The need to stabilize their situation to ensure a stable and safe living environment for their child is very important. [ 27 ] Both parents need to take responsibility for their son and provide for him. [ 28 ] Only time will indicate if the parents have the capacity to make the necessary changes to protect their own child. [ 29 ] X has the right to evaluate in a quiet and safe environment free of violence and consumption. [ 30 ] Considering the report of Miss [Social Worker 1], Services A’s Worker (D2) deposited for evidence. [ 31 ] THEREFORE THE COURT : [ 32 ] GRANTS the motion; [ 33 ] DECLARES that the security or the development of the child is in danger; [ 34 ] ENTRUSTS X to D for a period of six (6) months and return to the parents if the situation permits: if they are sober of alcohol and drugs; [ 35 ] ORDERS that the visits between the child and the parents be upon an agreement between the parties, if no agreement, the visits will be supervised; [ 36 ] ORDERS the parents to take an active

part in the redaction and application of the measures designed to put an end to the situation by which the security and the development of the child are in danger; [ 37 ] RECOMMENDS to the parents to follow-up services for consumption issues; [ 38 ] RECOMMENDS to the mother to follow-up services for mental health; [ 39 ] RECOMMENDS to the parents to follow-up services for parental abilities; [ 40 ] ORDERS that the child receive all necessary care; [ 41 ] ORDERS that the parents be sober in the presence of the child; [ 42 ] ORDERS that a person working for the CISSS A provide aid, counselling and assistance to the child and the family for a period of six (6) months; [ 43 ] ORDERS that the parents communicate each week with the Director of Youth Protection; [ 44 ] ENTRUSTS the situation of the child, X to the Director of Youth Protection who shall then see that the measures are carried out; [ 45 ] ORDERS the execution of the present judgment by any peace officer.

__________________________________ VALMONT BEAULIEU, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Louis-André Hubert Counsel for the child Date of hearing: June 21, 2018