2018 QCCQ 19674, 2018 QCCQ 19674

Protection de la jeunesse — 1810724 2018 QCCQ 19674 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 34226-183 Date: November 1, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2017 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 1, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a one year-old child, based on the serious risk of neglect and psychological ill-treatment to which she is exposed. [ 3 ] The Court was also presented with a similar application regarding the child’s half-sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application dated July 19, 2018 are as follows: 3.1. as background information, Y came under the attention of youth protection in 2015 for concerns of neglect; 3.2. there is a serious risk that the parents do not meet the child’s basic needs; 3.3. the child is seriously and repeatedly subjected to behaviour on the part of the parents(

s) or a third person that could cause harm to the child, and the parents fail to take the necessary steps to put an end to the situation; 3.4. on June 15, 2018, the police came to the parents’ home during the night because of an incident of conjugal violence, more particularly but not restrictively in that:

a) the parents were severely intoxicated;

b) the mother was bleeding from her nose and had a swollen lip and swollen eye;

c) the father was arrested and has been charged with assault; 3.5. Y stated that when he saw his mother lying on the floor and injured, he hid in the laundry room and covered his ears;

3.6. Y also stated that he sees C [the child’s father] drink alcohol and he usually just passes out on the couch; 3.7. information is to the effect that the father had been angered because baby X was crying and the mother wasn’t waking up to feed her; 3.8. the father did acknowledge a previous incident of conjugal violence with the mother, when confronted by the delegate; 3.9. the parents did not remember anything of the June 15 th events, and they deny having issues with alcohol or with conjugal violence; 3.10.

Y’s father lives somewhere up north and the mother states he has had no contact with Y for over two (2) years; 3.11. the mother had signed an agreement for provisional measures pending completion of the evaluation by the delegate, and those measures are now expiring (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to her mother, at the exclusion of the father, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Giard, admitted most of the facts alleged in support of the application and expressed her consent to all the proposed measures. [ 7 ] The father, assisted by Me Cloutier, admitted all the alleged facts with the exception of the allegations regarding Y which he ignored, and he agreed to all the proposed measures. [ 8 ] It should also be noted that the father indicated that his last name, as written on the child’s birth certificate, is inaccurate.

He undertook to forward a corrected birth certificate following the hearing but failed to do so.

Consequently, the father is referred to as his name appears on the child’s birth certificate. [ 9 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 10 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Copy of child’s birth certificate; D-2: Court Report, prepared by [Social Worker 2], dated September 26, 2018; D-3: Report d’événement [...] (filed under 292 C.C.P.); D-4: [Police service A] #[...], promise to appear and Rapport complémentaire en liasse (filed under 292 C.C.P.). [ 11 ] In

summary, the incidents of June 15, 2018 are admitted and the parents acknowledge the child’s exposure to excessive drinking and conjugal violence in the home. [ 12 ] Although the charges against the father have been dropped, the need to take active steps to redress the situation is not contested. [ 13 ] The mother has shown genuine concern for her children’s welfare: Throughout DYP’s involvement; Ms.

A demonstrated her commitment to her children while they were in placement; by inquiring daily on their well being. [2] [ 14 ] As for the father, he works in the North for two weeks at a time and explained that he cannot afford a separate apartment for himself in City A now that he is no longer able to live with the mother. [ 15 ] However, he insists he wants to remain actively involved in his daughter’s life and contacts with his daughter are to be encouraged when he is in the city. [ 16 ] As the parents indicate that they hope to reconcile and eventually resume living together, it is essential that they continue to collaborate with the Director of Youth Protection and take steps to ensure that their daughter is no longer exposed to alcohol abuse and conjugal violence. [ 17 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (2) and 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the child be entrusted to her mother, at the exclusion of her father;

[ 21 ] STRONGLY RECOMMENDS that the father receive services related to conjugal violence and alcohol abuse, as soon as possible; [ 22 ] STRONGLY RECOMMENDS that the mother receive services related to conjugal violence and alcohol abuse, as soon as possible; [ 23 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 24 ] TAKES JUDICIAL NOTICE that the father expects to travel between City A and the North every two weeks and that when the father is present in City A contacts will be encouraged, as much as possible, and that the mother’s step-mother has been approved as a third party who may supervise contacts between the father and the child; [ 25 ] ORDERS that the father collaborate with the Director of Youth Protection and that the parents report in person, at regular intervals, to the Director of Youth Protection to inform them of their current situation; [ 26 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 27 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 28 ] THE WHOLE for a period of nine months.

Signed on December 4, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Pierre Giard Attorney for the mother Me Francis Cloutier Attorney for the father Hearing dates: October 3 and November 1, 2018. TD/vl