2021 QCCQ 9077, 2021 QCCQ 9077

Protection de la jeunesse — 211369 2021 QCCQ 9077 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000439-204 (X) 565-41-000440-202 (Y) 565-41-000441-200 (Z) 565-41-000442-208 (

A) DATE: February 9 th , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on [...], 2011 Y , born on [...], 2013 Z, born on [...], 2007 A, born on [...], 2006 Children and D E 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 ] The Court is seized of a motion under

section 38 of the Youth Protection Act concerning the four younger children of Mr. E and Mrs. D, aged between 14 and 7 years old.

They are also the parents of B and C, both of whom have now reached adulthood. [ 2 ] The Director alleges that the security or development of the children is endangered because of their exposure to domestic violence (psychological ill-treatment) and because of a serious risk of neglect resulting from the parents’ alcohol consumption. [ 3 ] In terms of measures for the next year, the Director recommends that the children be entrusted to the mother and that contacts with the father be determined by agreement between the parties or supervised if there is no agreement.

It is also recommended that the parents receive services in order to address their current difficulties. [ 4 ] The evidence reveals that the parents have a chronic problem of alcohol consumption which in turn leads to domestic violence.

While the father has never ceased drinking except for very short periods, the mother has succeeded to address her problem in the past. [ 5 ] The Director was been previously involved with the family and the files were closed for several years as things had stabilized. However, both parents have recently lost family members and this has affected their drinking. [ 6 ] A physical altercation between the parents occurred in October 2020 in the presence of the children; both parents had been drinking.

The mother then moved out of the house with the children. [ 7 ] Another incident occurred in December 2020, whereas both parents were drinking and the father became violent, breaking things in the house in the presence of the children. [ 8 ] Following the Director’s intervention, it was agreed that the mother would stay in the city with the kids while the father would remain in reserve A. However, the mother is back in reserve A with the father and the younger children (X and Y). The older boys (A and

Z) remain in the city under B’s supervision and come to reserve A on long weekends. B is said to be very responsible and the Director has no concern with this arrangement. [ 9 ] Although the parent’s situation remains fragile, a safety plan is in place whereas the father is away all day and the mother is forewarned in the event that he picks up alcohol on his way back from work; if so, the mother and the children temporarily move to the neighbour’s house.

All agree that the parents must remain sober in the presence of the children. [ 10 ] The parents offer good collaboration and they are transparent with regards to their difficulties.

A worker from the community’s friendship center is visiting the family on a regular basis and is offering them services; the mother is said to have remained sober since the December event. [ 11 ] The parents recognise the situation and its impact on the children; they also agree with the proposed measures. [ 12 ] The motion is well-founded in fact and in law and the proposed measures are adequate in the current circumstances. [ 13 ] THEREFORE THE COURT : [ 14 ] GRANTS the motions; [ 15 ] DECLARES that the security and the development of the children are in danger as a result of psychological ill-treatment and a serious risk of neglect; [ 16 ] ORDERS the implementation of the following protection measures for a period of 12 months:

a) That the children be entrusted to the mother;

b) That a person authorised by the First Nations Services of the [A] Integrated Health and Social Services Center provide aid, counsel and assistance to the children and their family;

c) That the contacts between the children and the father be determined by agreement between the parties, and if there is no agreement that they be supervised;

d) That the parents remain sober all the time in the presence of the children;

e) That the parents take an active

part in the implementation of measures designed to put an end to the situation that is endangering the security and development of the children; [ 17 ] RECOMMENDS that the father receive services in order to improve his parental skills and to address his alcohol consumption issues; [ 18 ] RECOMMENDS that the mother receive services in order to address her alcohol consumption issues; [ 19 ] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. Signed on March 24 th , 2021 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C.

M e Danielle Pharand Counsel for the Director of Youth Protection M e Amélie Samson Counsel for the children

M e Louis-André Hubert Counsel for the mother E Father Date of hearing: February 9 th , 2021.