2018 QCCQ 19023, 2018 QCCQ 19023

Protection de la jeunesse — 1810234 2018 QCCQ 19023 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000407-181 614-41-000408-189 DATE: April 17, 2019 (December 21, 2018) ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 Y, born on [...], 2009 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B, residing and domiciled in [...] Father ______________________________________________________________________ RECTIFIED JUDGMENT (sections 38 and 91 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 A (the Director) submits to the Court two motions asking that the security and development of X, 10 years old, and Y, 9 years old, be declared in danger because of the parents neglect in the supervision of the children, the psychological ill-treatment and the risk of being subjected to unreasonable methods of upbringing (sections 38 b) 1 o iii, 2 o ,

c) and e) 2 o of the Youth Protection Act ). [ 2 ] The parents are present at the hearing, represented by Me Michel Grenier for the mother and Me Marie-Ève Bartkowiak for the father.

Me Yan Massé represents the children and Me Adelia Ferreira, the applicant. [ 3 ] Following the admissions done by the parties, the testimonies of the social worker and the father, the Court has preponderant evidence that the security and development of the children are in danger for the alleged motives. [ 4 ] It is proved that: − The family is known to the Director mainly for issues regarding an older child sibling and because of the mother’s drinking; − The mother has an history of abusing alcohol to the point of intoxication; − The parents used physical discipline towards the children and their oldest brother; − The children saw their mother drink on many occasions and they are scared of her when she is intoxicated; − They witnessed a lot of violent incidents between the parents (fights, pushes, screams).

Once they saw their mother stabbing the father in his back. Another time, they saw their mother put a rope around her neck and trying to kill herself. They yelled for their brother Z and then the father came running and intervened; − The children are often left alone in the house by the parents; − On November 19, 2018, the mother came home drunk while the father was out of town. Scared, the children ran out of the home to go to the neighbour’s home and called the police. That day, the children declared not wanting to return home unless the father was there.

[ 5 ] Considering all those traumatic events the children have witnessed, it is urgent to provide them a safe and secure environment with better supervision. [ 6 ] The parents failed to provide such environment to their three children and need urgently to attend therapies and treatment. The mother must quit drinking and the father must work on his aggressivity. They must receive counselling for their marital relationship and finally, develop their parental capacities. The parents have different views in parenting. The mother’s relation with Z is source of conflicts.

The father acknowledges that he often reacts aggressively when Z misbehave. [ 7 ] The father shows his willingness to correct the situation, even if he was reluctant with the Director’s intervention at first. He started getting counselling sessions with Dr. Tom Caplan in Town A. [ 8 ] The mother needs to acknowledge her issues and seek for services. She is now in Town B in her family.

She would need to be evaluated by a psychologist to realize the seriousness and extent of her issues. [ 9 ] As the children feel safe with the father, as the father already started therapy, the Director recommends that the children remain with him under condition. The father accepts those conditions. FOR THESE MOTIVES, THE COURT; [ 10 ] GRANTS the motions; [ 11 ] DECLARES that the security and development of X, born on [...], 2008, and Y, born on [...], 2009, are endangered in regards of sections 38 b) 1 o iii, 2 o ,

c) and e) 2 o of the Youth Protection Act ; [ 12 ] MAINTAINS the children with their father at the exclusion of the mother until the Director determine that she might return home; [ 13 ] ORDERS that the mother undergo a psychological assessment and follow the recommendations of the psychologist; [ 14 ] ORDERS the father to continue to seek counseling to address his personal issues, including anger management; [ 15 ] ORDERS the father to refrain from any violence (physical and verbal) in the presence of the children; [ 16 ] ORDERS the Director to provide the children the counselling and therapies they required; [ 17 ] ORDERS the mother to attend therapies and treatment for her personal issues, including alcohol abuse; [ 18 ] ORDERS the parents to attend workshops to develop their parental capacities; [ 19 ] ORDERS the father not to let any adult under the influence of alcohol in presence of the children and ensure that the children are not expose to any form of violence; [ 20 ] ORDERS the parents to authorise the Director to share and obtain information with the service providers working with the family; [ 21 ] ORDERS the Director to supervise the contacts between the mother and the children as for the modalities, frequency, duration and presence of a third party; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents for one year; [ 23 ] ORDERS the parents to report to the Director twice a month; [ 24 ] ORDERS the police to collaborate to the execution of the present judgment; [ 25 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the children Me Adelia Ferreira Attorney for the applicant Me Michel Grenier

Attorney for the mother Me Marie-Ève Bartkowiak Attorney for the father Date of hearing: December 11, 2018