2018 QCCQ 19673, 2018 QCCQ 19673

Protection de la jeunesse — 1810723 2018 QCCQ 19673 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 34225-185 Date: November 1, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 1, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , an eleven year-old child, based on the serious risk of neglect and psychological ill-treatment to which he is exposed. [ 3 ] The Court was also presented with a similar application regarding the child’s half-sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application dated July 19, 2018 are as follows: 3.1. as background information, X came under the attention of youth protection in 2015 for concerns of neglect; 3.2. there is a serious risk that the parents do not meet the child’s basic needs; 3.3. the child is seriously and repeatedly subjected to behaviour on the part of the parents(

s) or a third person that could cause harm to the child, and the parents fail to take the necessary steps to put an end to the situation; 3.4. on June 15, 2018, the police came to the mother and C [the mother’s partner and father of her younger daughter]’s home during the night because of an incident of conjugal violence, more particularly but not restrictively in that:

a) the mother and C […] were severely intoxicated;

b) the mother was bleeding from her nose and had a swollen lip and swollen eye;

c) C […] was arrested and has been charged with assault; 3.5. X stated that when he saw his mother lying on the floor and injured, he hid in the laundry room and covered his ears;

3.6. X also stated that he sees C […] drink alcohol and he usually just passes out on the couch; 3.7. information is to the effect that C […] had been angered because baby Y was crying and the mother wasn’t waking up to feed her; 3.8. C […] did acknowledge a previous incident of conjugal violence with the mother, when confronted by the delegate; 3.9. C […] and the mother did not remember anything of the June 15 th events, and they deny having issues with alcohol or with conjugal violence; 3.10.

X’s father lives somewhere up north and the mother states he has had no contact with X for over two (2) years; 3.11. the mother had signed an agreement for provisional measures pending completion of the evaluation by the delegate, and those measures are now expiring (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to his mother, at the exclusion of her partner, Mr.

C, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Giard, admitted most of the facts alleged in support of the application and expressed her consent to all the proposed measures. [ 7 ] The father’s whereabouts remain unknown. He was, however, advised of the proceedings via Facebook and the worker testified that she was able to speak to him three times, including on the morning of the hearing.

Although he could not comment on the alleged incidents, he expressed his agreement with the proposed measures and the Court proceeded in his absence. [ 8 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Copy of child’s birth certificate; D-2: Court Report, prepared by [Social Worker 2], dated September 26, 2018; D-3: Report d’événement [...] (filed under 292 C.C.P.); D-4: [Police service A] #[...], promise to appear and Rapport complémentaire en liasse (filed under 292 C.C.P.). [ 10 ] In

summary, the incidents of June 15, 2018 are admitted and the mother acknowledges the child’s exposure to excessive drinking and conjugal violence in the home. [ 11 ] Although the charges against her partner have been dropped, the need to take active steps to redress the situation is not contested. [ 12 ] The mother has shown genuine concern for her children’s welfare: Throughout DYP’s involvement; Ms.

A demonstrated her commitment to her children while they were in placement; by inquiring daily on their well being. [2] [ 13 ] It is essential that she continue to collaborate with the Director of Youth Protection and that she take steps to ensure that her children are no longer exposed to alcohol abuse and conjugal violence. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (2) and 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child be entrusted to the care of his mother, at the exclusion of his half-sibling’s father, Mr.

C; [ 18 ] STRONGLY RECOMMENDS that the mother receive services related to conjugal violence and alcohol abuse, as soon as possible; [ 19 ] ORDERS that the parents collaborate with the Director of Youth Protection and that the mother report in person, at regular intervals, to the Director of Youth Protection to inform them of their current situation; [ 20 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family;

[ 21 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 22 ] THE WHOLE for a period of nine months. Signed on December 4, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Pierre Giard Attorney for the mother TD/vl