2021 QCCQ 7281, 2021 QCCQ 7281

Protection de la jeunesse — 214191 2021 QCCQ 7281 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 652-41-000020-216 DATE : March 25, 2021 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. DIRECTOR OF YOUTH PROTECTION Applicant and X Child and A Mother and B Father JUDGMENT 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 Tribunal is seized of a request for protection in the situation of the child X (almost 1 year old) . [ 2 ] On January 29, 2021, the Director of Youth Protection accepted a report to the effect that the security or development of the child was in danger because she was neglected in terms of psychological abuse and serious risk of neglect. [ 3 ] The parents have been together for many years and have four children.

The relationship between them is studded with conflicts and domestic violence. It is a challenge for them to keep their home clean and safe for their children. [ 4 ] The mother has an alcohol problem and she, sometimes, leaves the household for hours or days at a time regardless of what will happen to her children. When she comes back home, the father can react aggressively. Because she smokes drugs, the mother sleeps a lot and her ten-year-old girl has to take care of X her older sister. [ 5 ] X is an extremely vulnerable baby.

Considering the difficulties the parents are facing, the child is more vulnerable than others in the same age group. Since she is such at a young age, only eleven months old, X is not able to protect and care for herself. [ 6 ] The mother shoes no interest to collaborate with the Director of Youth Protection. She has drugs and alcohol problems and this addiction prevents her from taking care of her children properly and spending time with them. [ 7 ] Considering the baby’s young age, the Court is also very concerned about the household condition. The mess of the house can be dangerous for the child.

It is clear the parents must take action now to clean the home and make sure the furniture is age appropriate for the children. [ 8 ] The father blames the Director of the Youth Protection for his relationship problems because the mother does not appreciate at all having the social workers in their life.

[ 9 ] The parents must focus in solving their marital issues and understand the impact it has on X’s development. The Court wants them to get involve in a change process for the well-being of the child. [ 10 ] The Court concludes that the security and the development of the child are in danger based on the following grounds, especially because the child has serious risk of neglect. [ 11 ] The request is in its interest and should be granted.

FOR THESE REASONS, THE COURT: GRANTS the application; DECLARES that the security and development of the child are in danger; ORDERS that the child remains with his family for seven months; ORDERS that a person working for an institution or organization provides help, counselling and assistance to the child and the child’s family for seven months; ORDERS the parents to collaborate with the social worker to put an end to the situation; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. LOUISE GALLANT, J.C.Q.

M e Lyne Monger Attorney for the Director of Youth Protection M e Chantal Gaudreau Attorney for the child Date of hearing: March 25, 2021