2019 QCCQ 19563, 2019 QCCQ 19563

Protection de la jeunesse — 198004 2019 QCCQ 19563 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000621-190 DATE: October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2009 Child -and- A -and- B Parents ______________________________________________________________________ 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 declare that the security and development of the child is in danger according to sections 38b)1)ii), 38b)1)iii), 38c) et 38e)2 o of the Youth protection act because of serious risks of neglect, physical abuse and a psychosocial ill-treatment. Her siblings are aimed by the same application. [ 2 ] At the hearing, the mother is present and assisted by her lawyer.

The father is absent, even though if he was duly notified of the proceedings. Regarding the child, she is represented by a lawyer who expresses that she would like to stay in her foster family. It is agreed by all parties that the report be deposited to value testimony of their authors. The sought conclusions are not contested. [ 3 ] The DYP is involved with this family following allegations from the children that their mother physically abuses them as well as neglect them, which the latter categorically denies.

Following these reports, the DYP applied emergency measures to entrust the child to her paternal grandmother. Subsequently, these measures were extended and to this day, the child is still entrusted to his paternal grandmother. This is not the first time the situation of this family is reported to the DYP for the same reasons. [ 4 ] The mother denies that she beats her children and neglects them. She says they invent these stories, because they do not want to follow the rules and structure at home. Still, she does demonstrate frequent signs of frustration and panics when a situation arises.

She also experiences excesses of angers or sudden behaviour changes. However, she admits being sometime overwhelmed with the behaviour of her eldest children and interference of his family and friends. [ 5 ] The mother started a follow-up with an educator but she is not consistent in her appointments. Once again, the mother says otherwise. Overall, it was hard to reach her and work on her issues. She is very emotional, crying all the time and demanding. The collaboration of the mother is mitigated. She says that she will implicate herself in services but she does not follow through.

She does not take any responsibility for her actions or lack of follow-up and tends to blame others. The condition of the mother is worrying, she exhibits behaviours that may suggest that she is not mentally stable. In fact, she shows signs of disorganization. [ 6 ] The children benefit from contact with their mother but this does not go very well. The mother has a tendency to question the children and seems pressuring them to change their version of facts, in doing so the visits had to be supervised. Since then, the visits have gone accordingly well but with some concerns.

Nevertheless, the child mentions that she will not attend unsupervised visits.

[ 7 ] The father is not involved in the child’s life and even signs his parental rights to his own mother. In fact, the paternal grandmother was granted shared custody of the child on June 12, 2019. [ 8 ] The child is 10 years old and she is doing well. She does want to see her father if he is not sober. She says when her mother gets angry, they have to wait for her to calm down. They have to do chores in the house and there is violence at her mother’s but does not want to disclose any details but slowly she reveals things. When the subject is approached, it becomes emotional.

However, she clearly says that her mother beats them. [ 9 ] For the time being, the mother is not able to take care of the children nor to ensure a stable and above all safe environment. On the next few months, the mother will have to put herself in action in order to have her children back but before doing so, she will have to rebuild her relationship with the children as well as their trust. [ 10 ] The evidence demonstrates that the security and development of the child is in danger.

Under the circumstances and considering the evidence, the admissions and the consent of the mother, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1)ii), 38b)1)iii), 38c) et 38e)2 o of the Youth protection act ; [ 13 ] ORDERS that the child be entrusted to her paternal grandmother Mrs.

C June 30, 2020; [ 14 ] ORDERS that the contacts between the child and her mother be determined according to an agreement between the parties; [ 15 ] ORDERS that the mother report periodically to the DYP on the measures she applies to her and her child, to put an end to the situation of endangerment; [ 16 ] RECOMMENDS that the mother submit herself to random screening of drug tests; [ 17 ] RECOMMENDS that the mother participate in addiction assessment and counselling if deemed necessary; [ 18 ] RECOMMENDS that the mother participate in and receive follow-up services, psychology assessment, parental capacity and counselling; [ 19 ] RECOMMENDS that the mother participate in anger management; [ 20 ] ORDERS that the mother actively participate in the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until June 30, 2020; [ 22 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother Mr. B the father (absent)

Written judgment filed on October 18, 2019