2020 QCCQ 13563, 2020 QCCQ 13563

Protection de la jeunesse — 209358 2020 QCCQ 13563 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002529-201 DATE: November 27, 2020 (written judgment rendered on December 18, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2010 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and A, residing and domiciled at [...] Mother and B , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 38 of the 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 Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2010, are endangered under paragraphs (b) (1) iii and (e) (1) of

section 38 [1] of the Youth Protection Act . [ 2 ] X who is 9 years old, has two brothers, Y 4 years old and Z 8 years old. The Court is also seized with their situation. Position of the Parties [ 3 ] The mother is present and represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] Despite being duly served, the father is absent and not represented. The Court proceed in his absence. [ 5 ] The child is absent, but represented by Me Cassandra Neptune.

On her client’s behalf, Me Neptune submits to the Court that the security and development of the child are endangered for the alleged grounds and that the recommended measures are in his best interest. Facts [ 6 ] The situation of the family is known since June 16, 2019, following the reception of a report regarding a situation of neglect in terms of educational needs and a situation of physical abuse on the part of the mother. [ 7 ] The parents signed voluntary measures in August 2019, January and February 2020.

According to the first voluntary measure, the children remained under their mother’s care. [ 8 ] A new voluntary measure was signed in January and February 2020, following a report regarding physical abuse on her oldest child from the part of the mother. At that moment the three children were entrusted to a foster family until November 30, 2020. [ 9 ] The children were entrusted to their maternal great-aunt since February 2020. [ 10 ] Z is described as full of energy. He is close to his mother and not very talkative.

He is doing well at school. [ 11 ] X is a healthy boy and he is very protective towards his family. At school, he has some academic difficulties and could also be aggressive sometimes with his friends. [ 12 ] Y is very close to his mother. He is going to the daycare, and he loves playing with his brothers.

[ 13 ] Since October 1, Z declared to be scared about his parents, particularly his father and doing so, he refused to sleep at his parents’ place and reported a few events of physical abuses from the part of the father: - In July 2020: the father would have taken a knife and would have threatened the child to stab him; - September 12, 2020: the father would have pocked the child’s hand with a pen and the child had marks; - September 29, 2020: the father would have punched the child with his closed fist. [ 14 ] The father was released from detention on March 19, 2020.

When the father went back, the parents resumed their relationship, but the father started a new relation with another lady for a while and went back shortly after with the mother. [ 15 ] The mother got pregnant from the father and she was ambivalent about this pregnancy, but she lost her baby in October 2020. As soon as she knew that she was pregnant, the mother stopped drinking, and was followed by the Social Services to help her to remain sober. [ 16 ] The conjugal violence between the parents remains an important issue.

Since the father came back from detention, the DYP was made aware of at least two events of assault on the mother. Both parents acknowledge this issue. The father has an anger management issue and he also suffers from schizophrenia for which he does not always take his medication. [ 17 ] The parents had difficulties for many years. The father was in and out from the jail. During that time, the mother was alone to take care of the children.

They also struggled with their alcohol addiction and conjugal violence issues. [ 18 ] X and Z were met by the police officers after the disclosure and they confirmed what they had told earlier to the DYP worker. Since that, the children are entrusted to their maternal grandmother and they are doing well. The DYP plans to maintain the children there until a reintegration under the mother’s care is done. [ 19 ] Recently, the father started a new relationship with a lady.

The mother is staying alone and relapse in her alcohol consumption, but was able to get help and to do better. [ 20 ] Also, the father was recently arrested for sexual assault on another lady and he is currently detained. The father has prior in similar matter. Doing so, if he is declared guilty, he is facing a long-term jail sentence. [ 21 ] The fact that the father is detained helps the mother a lot to get better, she has a weekly follow-up with the Social Services.

She also has a weekly follow-up with the DYP worker and she does not hesitate to call and to go to the DYP’s office between two meetings if she has any concerns. She is collaborating very well. The DYP worker is confident that the mother will be able to resume the care of her children very soon. [ 22 ] For now, the contacts occur three times a week, but as mentioned by the DYP worker, the frequency and the duration of those contacts increase almost every week to take into consideration the important improvement of the mother. [ 23 ] The fact that the father could be released is stressful for the mother.

The services she receives from the Social Services help to get stronger and to be sure that she will not be influenced to have him back at home, if he comes back in the community. [ 24 ] The physical abuse on the children is still under investigation by the DPCP. FOR THOSE REASONS, THE COURT: [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of the child X, born on [...], 2010, are endangered under paragraphs (b) (1) iii and (e) (1) of

section 38 of the Youth Protection Act ; [ 27 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 28 ] TAKES JUDICIAL NOTICE that the child is currently entrusted to his maternal grandmother and the Director of Youth Protection plans to maintain him there; [ 29 ] AUTHORIZES a gradual reintegration at the mother’s place as soon as possible; [ 30 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 31 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 32 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 33 ] CONSIDERING the consent of the mother, ORDERS that she continue to receive help from Social Services regarding her alcohol, relationship and personal issues; [ 34 ] STRONGLY RECOMMENDS that the father also receive services; [ 35 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the child and the parents are determined by the Director of Youth Protection;

[ 36 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and his family; [ 37 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 38 ] THE WHOLE until November 30, 2021. __________________________________ PEGGY WAROLIN , J.C.Q. Me Karianne Asselin, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Date of hearing: November 27, 2020