2019 QCCQ 15043, 2019 QCCQ 15043

Protection de la jeunesse — 1911713 2019 QCCQ 15043 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 614-41-000500-191 614-41-000499-196 DATE : December 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2008 Y Born on [...], 2003 Children [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection A working in [...] Applicant and A Mother B Father of Y ______________________________________________________________________ AMENDED JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on December 10, 2019. [ 2 ] The court is seized of a motion presented by the Director of youth protection (DYP) requesting that the security and development of the children be declared in danger for physical abuse ( art.38 e)1 and emotional neglect ( art. 38

c) as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the children to a foster family as well as other measures to resolve the situation. Question in litigation [ 4 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The mother and Y’s father are absent but were duly served.

Mother’s lawyer asks for a postponement but as she is difficult to reach and was duly served, the Court proceeds in the absence of the parents. [ 6 ] The children were very badly treated when living with mother. She was screaming at them, and physically abuse of them, by slapping X, grabbing and pushing Y, who presented suicidal ideation when living with her mother. [ 7 ] Y testified and informed the Court that she and her older sister prepared a gift for their mother. A gift that was meant to show her their love.

This gift included 3 flowers: the first one was for hope for better future, the second was for love and the third was for peace, so they can better connect with the mother. [ 8 ] Y learn a month after that her mother throw away the gift she receives. [ 9 ] Y is a very courageous young girl. She testified with sincerity, calm and expressed her profound sentiments.

With no surprise the youth asks the court to entrust her to the foster home of C until her age of majority. [ 10 ] This testimony itself shows the Court that mother have a very poor parental sensibility, or none. [ 11 ] X wishes that his contacts with his two sisters be increased. [ 12 ] The mother was abusive towards her children and regardless of their emotions and sensibility. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are endangered and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that security and development of the children are endangered, according to

section 38 e) 1) and 38

c) of the Youth Protection Act ; [ 16 ] ENTRUSTS Y to the foster home of C for a period of 9 months with possible reintegration to the mother after 7 months if the situation allows and according to the youth wishes; [ 17 ] ENTRUSTS X to the foster home of D for a period of 9 months with possible reintegration to the mother after 6 months if the situation allows and according to the child wishes; [ 18 ] ORDERS that frequency and modalities of contacts between Y and her parents be determined by DYP, be supervised by a third party if necessary, and be held only according to the youth’s wishes; [ 19 ] ORDERS that frequency and modalities of contacts between X and his mother be determined by DYP, be supervised by a third party if necessary, and be held only according to the child’s wishes; [ 20 ] ORDERS that the contacts between X and his sisters be held at least twice a month; [ 21 ] ORDERS that mother refrain from all forms of physical discipline and/or verbal aggression towards the children; [ 22 ] ORDERS Y to attend all medical appointments and follow ups with diligence; [ 23 ] ORDERS DYP to make sure that the youth receive a complete medical and psychological evaluation and follow all the recommendations for Y; [ 24 ] ORDERS that both Y and X attend school on a regular basis; [ 25 ] ORDERS mother to undergo random drug testing;,

[ 26 ] ORDERS mother to undergo treatment, if the results of the testing is positive; [ 27 ] ORDERS that mother and Y’s father fully collaborate with DYP and meet the worker upon request; [ 28 ] AUTHORIZES DYP to obtain and share information with service providers working with the family; [ 29 ] ORDERS DYP to provide aid counsel and assistance to the children and their family; [ 30 ] ORDERS the execution of the present decision by any peace officer if necessary [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE until the age of majority for Y, and for a period of 1 year for X ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Michel Grenier Counsel for the mother