2019 QCCQ 15091, 2019 QCCQ 15091

Protection de la jeunesse — 194671 2019 QCCQ 15091 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] LOCALITY OF […] Youth Division No.: 635-41-000692-167 DATE: July 15, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [… ], 2007 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, District A, Applicant and A, residing and domiciled at [ … ] , District A, Mother and B, residing and domiciled in Town A, District A, Father ______________________________________________________________________ JUDGMENT (section 95 (para. 1) of the Youth Protection Act , P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publication or broadcast of information allowing 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 YPA). [ 1 ] [SOCIAL WORKER 1], the youth protection worker in Town A, submits an application seeking the review of the last decision rendered on December 14, 2018, by the Honourable Lucille Beauchemin, J.C.Q., concerning the situation of X, 12 years old. [ 2 ] POSITION OF THE PARTIES [ 3 ] At the hearing, the mother was not present but she was represented by Mtre Angele Tommasel., who informed the Court she would not make any admissions but agreed with the applicable measures; [ 4 ] The father was present and represented by Mtre Félix St-Amand.

He recognized that the security and development of his child are still in danger and agreed with the measures [ 5 ] Mtre Caroline Jennis represented the child and submitted to the Court that the measures suggested were in his best interest; [ 6 ] In the last judgment, the child was maintained with his father and the Court ordered several assistance measures. [ 7 ] Presently, the mother’s situation remains unchanged since the last judgment. The conjugal violence dynamic is still present and she has drinking issues.

The child sees his mother regularly when he goes to his maternal grandmother’s home. [ 8 ] The father admits his consumption of alcohol and drugs (marijuana). The child admitted the allegation that his father consumes marijuana with him. The father denied this affirmation. [ 9 ] On January 14, 2019, the father was arrested for aggravated assault and assault causing bodily harm, among other things. [ 10 ] After his arrest, the child’s behavior changed. On January 16, 2019, he had a violent outburst at his home. He broke the windows on two of the porch doorsand terrorized members of his family living there.

The DYP filed the occurrence report submitted by the […] Regional Police Force of Town A concerning the youth. [ 11 ] The child explained his behavior by the fact that he could not find marijuana in this paternal aunt’s jacket. [ 12 ] The family’s situation has been unstable during the last months. [ 13 ] On February 5, 2019, immediate protective measures were put in place because the father was arrested and detained. The child

was entrusted to his paternal grandmother, Ms. C, with whom he has lived ever since. Ms. C is willing and ready to work with DYP to maintain her grandson at home. [ 14 ] The father was released during the month of April 2019. [ 15 ] The teenager does not cooperate well with the social worker.

He was mostly silent during their meetings. [ 16 ] The evidence shows that the father does not realize at all that his lifestyle, behavior, and substance abuse have had a serious impact on his son and endanger his security and development. [ 17 ] Considering the admissions and the revision reports, the Court believes that the facts proven and admitted allow the review of the previous decision. [ 18 ] For these reasons, the Court believes that the teenager needs to be in a safe and stable environment until the father proves that he is able to remain sober and assume his role toward his son.

FOR THESE REASONS, THE COURT [ 19 ] GRANTS the application. [ 20 ] DECLARES that the security and development of the child X, born on […], 2007, are still in danger; [ 21 ] ORDERS that the child be entrusted to his paternal grandmother, Ms.

C; [ 22 ] ORDERS that the Director of Youth Protection will oversee contact between the child and his parents regarding the frequency, terms, duration and degree of supervision; [ 23 ] ORDER that the parents remain sober in the presence of the youth and that they ensure that the child is not exposed to any individual under the influence of drugs or alcohol; [ 24 ] ORDERS that the child and the child’s parents take an active

part in the application of the measures ordered by the tribunal; [ 25 ] ORDERS that the child and the child’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 26 ] ORDERS that the child continue to attend school; [ 27 ] ORDERS that the mother seek help through social services or the local family house organization concerning her personal issues, notably the conjugal violence; [ 28 ] ORDERS that the father seek help through social services or the local family house organization in the community concerning his alcohol, drugs, and anger management issues; [ 29 ] STRONGLY RECOMMENDS that the father participate in individual therapeutic follow-up for relationship issues and substance abuse for as long as deemed necessary by the person giving the service and that he follows the recommendations; [ 30 ] AUTHORIZES the Director to have access to the information regarding the parents’ presence at the appointments scheduled by the professional and their degree of involvement in the services offered; [ 31 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation which has put the security or development of the child in danger; [ 32 ] ORDERS that a person working for an institution or a body provide aid, counsel and assistance to the child and his family until December 31 st , 2019; [ 33 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ DENISE DESCÔTEAUX J.C.Q.

Mtre Geneviève Apollon Cain Lamarre Counsel for the Applicant Mtre Caroline Jennis Legal Aid Office of Town B Counsel for the child

Mtre Angele Tommasel Counsel for the mother Mtre Félix St-Amand Counsel for the father Date of hearing: May 15, 2019