2020 QCCQ 7289, 2020 QCCQ 7289

Protection de la jeunesse — 206120 2020 QCCQ 7289 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001015-202 635-41-001016-200 DATE: August 28 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2019 Y, born on [...] 2017 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 asks the Court to review the decisions made on March 17 th 2020 concerning the children, X and Y. [ 2 ] The last Court order entrusted the children to their mother. [ 3 ] X is 1-1/2 years old and Y is 3. [ 4 ] They are very young, vulnerable and need full attention and care from their parents. [ 5 ] The parents are represented by their lawyers when the Court proceeds on August 28 th 2020. [ 6 ] The mother admits the alleged facts and accepts the proposed measures. [ 7 ] The parents were expected to remain sober and without any violence in the presence of the children. [ 8 ] They maintained a violent relationship.

The mother did not respect the agreed

schedule concerning the visits of the children with their father. [ 9 ] The mother often needs financial support to provide for the children. [ 10 ] On May 7 th 2020, Y was found in a closet with a four year old child with red marks on his genitals. [ 11 ] Fearing the consequences, the mother waited a week to bring Y for sexually transmitted infection testing.

[ 12 ] On June 18 th 2020, a plan was made for the mother to stay at a family member’s house. [ 13 ] On July 9 th 2020, the Director was informed that the mother did not comply with the agreements and once again, went to see the father with her children. [ 14 ] On July 19 th 2020, another violent conjugal episode occurred in the presence of the children.

The police had to intervene. [ 15 ] The mother’s collaboration has since then diminished. [ 16 ] She favours her relationship with her spouse, putting the children in danger. [ 17 ] The mother was offered to see a person that she knows at the CLSC, which person could offer support to her. The mother did not collaborate. [ 18 ] Both parents put their needs before the children’s needs. [ 19 ] They still face alcohol and drug abuse issues and present a violent conjugal relationship. [ 20 ] The children are very young. They need to be protected and to live in a safe environment.

This cannot be offered by the parents at this time.

FOR ALL THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] REVISES and EXTENDS the decision rendered on March 17 th 2020; [ 23 ] DECLARES that the security and development of the children, X and Y, are still in danger; [ 24 ] ORDERS that the children be entrusted to a foster family chosen by the institute operating a child and youth protection centre with a possible reintegration in the mother’s care, if the situation allows for it; [ 25 ] RECOMMENDS that said reintegration process be analyzed as quickly as possible considering the children’s age; [ 26 ] RECOMMENDS that the Director of Youth Protection continue to take steps to find a foster family which could receive both children; [ 27 ] ORDERS that the parents take an active

part in the application of the measures; [ 28 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection; [ 29 ] ORDERS that the parents remain sober in the presence of the children; [ 30 ] ORDERS that the parents refrain from any kind of violence in the presence of the children; [ 31 ] ORDERS that the father seek help through social services or another resource deemed appropriate concerning his substance abuse, personal issues and anger management; [ 32 ] ORDERS that the mother seek help through social services or another resource deemed appropriate regarding her substance abuse, relationship issues and emotional dependency; [ 33 ] AUTHORIZES the Director of Youth Protection to have access to the information regarding the parents’ presence at appointments with professionals and their level of involvement; [ 34 ] 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; [ 35 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the parents’ residence when the children are present; [ 36 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 37 ] ORDERS the police to collaborate to the execution of the enactment; [ 38 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection for the execution of the measures; [ 39 ] THE WHOLE until August 31 st 2021. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Genevieve Apollon, Attorney for the applicant

Mtre Andrew Smith Gregoire, Attorney for the children Mtre Nada Boumeftah, Attorney for the mother