2022 QCCQ 6389, 2022 QCCQ 6389

Protection de la jeunesse — 222284 2022 QCCQ 6389 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001064-200 DATE: April 22, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2018 Child and A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 review a decision rendered on September 22, 2021, regarding the child X who was entrusted to B, the maternal grandmother, until September 20, 2022. [ 2 ] The DYP recommends that the child be entrusted to the mother at the exclusion of C, the mother’s spouse, except in the presence of a third party. The applicant stated that the presence of a third party is a safety net for the child.

During the last few months, he has performed home visits to verify whether the mother and her spouse were complying with the condition or whether the child was in a safe environment. Each time, the third party was present and the child was doing well. According to Mr. [social worker 1], the youth protection worker, she seems to be safe. [ 3 ] The mother agrees with the condition proposed by the DYP which is that Mr. C to be in the presence of a third party to supervise his contact with the child, to ensure that the child is not be exposed to the mother and her spouse’s conflict. [ 4 ] The mother and Mr.

C are very cooperative and honest regarding their personal situation. The mother has a tendency to prioritize her relationship needs over the child’s interest. [ 5 ] Despite the mother’s difficulty in ensuring that the children are not exposed to conjugal violence, her situation has evolved because she is able to take care of the child without getting overwhelmed. She continues to have the support of her mother, B, when required and as a safety net. [ 6 ] The presence of a third party to supervise Mr.

C’s contact will ensure the child’s safety, as the child can be removed in the event of a conflict between the mother and her spouse. [ 7 ] The child is developing well. There are no health or developmental concerns at this time. The child has a strong bond with her mother. It was not possible to observe Mr. C’s bond with the child because of his incarceration. [ 8 ] The Court emphasizes the need for the mother and Mr. C to seek counselling to strengthen their parenting skills. In addition, Mr.

C needs follow-up services for his anger management issues and the mother needs a psychological follow-up. [ 9 ] The situation will require close follow-up by the youth protection worker to ensure that the supervision of a third party is always respected with unannounced visits. The family situation will require intensive services. [ 10 ] If the mother and Mr. C do not take steps to avoid the situation of conjugal violence or refrain from consuming alcohol in front of the child, it will be in the best interest of the child for quick action to be taken to review her situation.

THEREFORE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of X, born on […] 2018, are still in danger; [ 13 ] ENTRUSTS the child to the mother to the exclusion of C, except in the presence of a third party; [ 14 ] ORDERS that Mr. C and the mother report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 15 ] ORDERS that Mr. C and the mother take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 16 ] ORDERS that the child, the mother and Mr. C take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS that the child attend a childcare establishment as soon as a place get available; [ 18 ] ORDERS that the child receive specific health care and health services such as the A program or other services to build parenting skills, in the parents, or in relation to dental and medical follow-up care ; [ 19 ] ORDERS that Mr. C and the mother remain sober in the presence of the child; [ 20 ] ORDERS that Mr. C and the mother refrain from any kind of violence in the presence of the child; [ 21 ] RECOMMENDS that Mr.

C and the mother seek help through social services or another resource deemed appropriate concerning their alcohol, drug and personal issues; [ 22 ] AUTHORIZES the Director of Youth Protection to access the information regarding Mr. C and the mother attendance at appointments with professionals and their level of involvement in the services provided; [ 23 ] ORDERS that contact between the child and Mr.

C be determined by the Director of Youth Protection with respect to the terms, frequency, and level of supervision; [ 24 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits to Mr. C and the mother’s residence when the child is present; [ 25 ] ORDERS that a person working for an institution or body provides aid, counselling, or assistance to the child and the child’s family; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 27 ] THE WHOLE until December 31, 2022.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Gabrielle Francoeur For the child Mtre Geneviève Apollon For the applicant Mtre Ève Laoun For the mother Date of hearing: April 22, 2022