2022 QCCQ 13863, 2022 QCCQ 13863

Protection de la jeunesse — 224607 2022 QCCQ 13863 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 105-41-000583-220 DATE: July 5, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2014 Child and A 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to declare that those two young children are in need of protection in regard to educational neglect, pursuant to

section 38(b)1 o iii of the youth protection act. [ 2 ] The DYP recommends that the children remain with their mother, if the latter lives with a member of the extended family, or at another place agreed upon by the DYP. [ 3 ] The mother admits the alleged situation and consents to the recommended protective measures. The father does not show up at the hearing. At the light of the evidence, children’s counsel also agrees with the DYP. [ 4 ] At the end of the hearing, the Court delivers its judgment orally and grants the application.

Here are the reasons supporting that decision. [ 5 ] The family has recurring difficulties. The application of protective measures is ordered in the past, in 2019 and 2020. At the time, the parents have substance abuse issues and there are incidents of domestic violence in their relationship. They separate at times, to reconcile quickly. [ 6 ] In September of 2021, the DYP receives and retains new reports in regard to the children’s situation. The parents split up again in December.

They have not resumed their relationship to this day. [ 7 ] The evidence reveals the children still suffer from neglect. [ 8 ] Last fall, the children are late for school almost daily. The little boy often says that their mother did not wake up. He also verbalizes that he cannot do his homework because things are happening at home. He is sometimes tired and not available for learning. The girl is less talkative about what is going on at home. However, her homework is often lost and she states that she has no support at home. Both children struggle academically.

[ 9 ] When met by the social worker assessing the situation, the little boy mentions numerous times that his father fights a lot at home. When the parents separate, the little girl explains it is because her father was angry. Meanwhile, the mother minimizes the conjugal issues. Actually, at first, both parents deny any difficulty in their relationship. After leaving the home with the children, in December, the mother admits the relationship has been stormy for a while, but she adds there were no fights but a little bit of arguments. [ 10 ] Since January, the mother and children have been living at a great-aunt.

The children have been entrusted to the latter in the past and she provides support to the family. [ 11 ] The father had no contact with his children since the couple’s separation. Both children suffer from that, as they miss their dad. The mother still sees the father occasionally. However, she says they are not going to go back together. Time will tell. When he meets with the mother, the father neither asks about the children nor expresses a wish to see them. [ 12 ] In December, the father relapses in regard to substance abuse.

We do not know if he still uses drugs, since he does not discuss his situation with the DYP. [ 13 ] The mother also takes cocaine, once, a few months ago. She says she does it at a party while the children are home with the great-aunt. Since then, the mother’s drug screening tests are negative except for cannabis. [ 14 ] The mother makes efforts to put her life back on track. She attends school and also has a job. She undertakes a personal follow- up. She cooperates with the DYP.

However, the social worker questions her transparency at times. [ 15 ] The evidence convinces the Court that both children suffer from neglect. The recommended protective measures meet their best interest. The mother is able to take care of them, with the great-aunt supporting them and acting as a safety nest. Therefore the application is well founded. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to

section 38(b)1 o iii of the Youth protection act ; [ 18 ] ENTRUSTS the child to his mother, on the condition that she stays at Ms.

C’ home or any other place agreed by the DYP; [ 19 ] ORDERS that contact between the child and the father be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 20 ] ORDERS that the child receive health care and social services required according to his condition, particularly a psychological follow-up; [ 21 ] ORDERS that the parents be sober when in the presence of the child and not allow any person under influence of drugs or alcohol to be in contact with the child; [ 22 ] RECOMMENDS that the parents submit themselves to random drug screening tests; [ 23 ] RECOMMENDS that the mother involve herself in a follow-up for her personal difficulties, notably her addiction issues; [ 24 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until May 31, 2023; [ 26 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 27 ] ORDERS that the person concerned by this judgment conform with it. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant M. Sam Bernard, law intern for the child

Ms. A the mother Mr. B the father (absent) Written judgment filed on July 11, 2022