2019 QCCQ 19758, 2019 QCCQ 19758

Protection de la jeunesse — 198153 2019 QCCQ 19758 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000969-193 DATE: September 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the parents are failing to meet the child’s basic medical needs, that a serious risk of neglect exists and that the child is victim of psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to the mother and that support measures be ordered until September 30, 2020. [ 4 ] The parents are in agreement with the Director’s plan. [ 5 ] The child’s attorney is also agreeing with the recommendations but is proposing two added measures.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The parents separated and the child lives with his mother. For a while, they resided with the paternal uncle C and the maternal grandparents. The mother reported moving with her son from one place to another. The child is on a waiting list to attend daycare. [ 8 ] The mother has not been attending to all the medical appointment for the child.

She recognized missing a lot of medical appointments for her son stating to the Youth Protection worker that she was hoping the nurses would come to her residence rather than her going to the nursing. The child was delayed in receiving his vaccinations and follow-ups. On a few occasions, the mother did not go to the clinic promptly when the child had an ear infection and when he presented with eczema. [ 9 ] The parents have issues with alcohol consumption and conjugal violence. The child has been witness to situations where his

parents are highly intoxicated and/or violent towards each other. [ 10 ] On April 21, 2019, the mother was arrested for assaulting her own mother. Du-ring this incident, both women were intoxicated by alcohol. The mother was detained and released the day after. The child was entrusted to the workers at the A family house. [ 11 ] On June 22, 2019, the police had to intervene as the mother went to the house of her parents, inebriated, and became agitated. During part of this event, the mother had the child in her [parka].

She was arrested for assaulting her brother. [ 12 ] The mother is still grieving the recent death of her sister. [ 13 ] The mother has sought help from Social Services in the past but did not pursue her follow-up. [ 14 ] The mother generally recognizes that she needs support, but she usually does not take action to receive such support. She minimizes the seriousness of her son’s situation. [ 15 ] Following a question from the child’s attorney, the Youth Protection worker was able to reassure the Court regarding the family’s “safety net”. The grandparents are present.

The mother knows about the services at her disposition and she has a good relationship with the CLSC worker. External support will also need to be put in place (CLSC, family home, nursing and DYP) in order to ensure that the mother is prioritizing her child’s needs and ensuring his protection. [ 16 ] During a recent meeting with the Youth Protection worker, the mother reported that, since one week, she was back in a relationship with the father. She explained that “all the incidents of violence with the father were her fault” [1] .

In the past, she reported that the child’s father was often violent with her, even when he was sober. [ 17 ] Their attorneys are mentioning that the parents declare that they were no longer a couple for the past three to four months. This will have to be clarified. The Tribunal invites the parents to collaborate actively and be transparent with the Director. [ 18 ] The father has not collaborated with the Director. He now states that he is ready to collaborate. The Tribunal encourages him to do so.

Contacts between him and his son will have to be organized by the Youth Protection worker and will have to take place without the mother being present. THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 ii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 21 ] ORDERS that the child remain entrusted to the mother; [ 22 ] ORDERS that the frequency and modalities of contacts between the child and the father be determined by the Director of Youth Protection and that they never happen in the presence of the mother; [ 23 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regards to put an end to the situation of compromission; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that the parents remain without any violent behavior in the presence of the child; [ 27 ] ORDERS that the parents ensure that the child receive health services required by his situation; [ 28 ] AUTHORIZES that the information concerning the child be exchange amongst different services, namely the CLSC, the nursing and the A family house; [ 29 ] RECOMMENDS that the parents seek help through the Social Services for their personal issues; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family, including unannounced visits to the family home; [ 31 ] THE WHOLE until September 30, 2020; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019

/cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Caroline Jennis and Mrs. Laurence Migué Counsel for the child Mtre Angèle Tomassel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: September 25, 2019