2022 QCCQ 11714, 2022 QCCQ 11714

Protection de la jeunesse — 226847 2022 QCCQ 11714 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF [...] Youth Division No: 640-41-002790-225 DATE: November 10, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director A, working in [...] Applicant and X, born on [...], 2022 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (

Section 38 Youth Protection Act , CQLR, 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X declared to be in danger pursuant to s. 38 (b) (2) of the Youth Protection Act [1] - serious risk of neglect. [ 2 ] At the hearing, the mother was present by videoconference and assisted by counsel. The father was also present by videoconference from the [detention center A], but he was not assisted by counsel.

The child is five months old; he was represented by counsel. [ 3 ] The following facts were admitted or proved. [ 4 ] The parents display alcohol consumption and conjugal violence issues. [ 5 ] The child’s siblings are currently entrusted to a foster family following a finding of neglect in terms of educational needs and psychological ill-treatment. [ 6 ] On or about February 14, 2022, Youth Protection received the information that the mother was pregnant and learned that she had consumed alcohol during her pregnancy. [ 7 ] On [...], 2022, the mother gave birth to a boy at the McGill University Health Centre in Montréal.

The father is Mr. B, as appears from the “Declaration of Live Birth”. [ 8 ] At the hearing, the mother confirmed that Mr. B is the child’s father. She registered the child under the name: X but has yet to receive a birth certificate. [ 9 ] On […], 2022, an immediate protective measure was applied, and the child was entrusted to a foster family. On that occasion, the mother threatened to commit suicide if Youth Protection took the child away.

The mother has a pattern of threatening to commit suicide if her children are not returned to her care instead of collaborating with Youth Protection to work on her issues. [ 10 ] The child is a highly vulnerable newborn who needs a safe and stable environment to evolve positively. [ 11 ] The father is currently incarcerated and has been since May 8, 2022, following an incident of physical assault. He could be released from detention in late January 2023. [ 12 ] The mother agrees that the security and development of the child are in danger according to

section 38(b)(2) and the father is

not challenging this issue. [ 13 ] The Director of Youth Protection suggested different measures to protect the child. The parents agreed to these measures. FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of X, born on [...], 2022, are in danger according to

section 38 (b) (2) of the Youth Protection Act [2] - risk of negligence ; [ 16 ] ENTRUSTS the child to a foster family, chosen by the institution operating a child and youth protection centre; [ 17 ] ORDERS the Director of Youth Protection to find a First Nation Inuit or Metis family to foster the child before the end of the current measures; [ 18 ] ORDERS the Director of Youth Protection to notify an Indigenous Governing Body, acting on behalf of the Inuit community and Cree community, if the child is not fostered by a First Nation, Inuit or Métis family in reference to section 12(1) of An Act respecting First Nations, Inuit and Métis children, youth and families ; [3] [ 19 ] ORDERS that all the measures to find a First Nation, Inuit or Cree family to foster the child be recorded in the child’s file; [ 20 ] AUTHORIZES that the child be entrusted to a kinship foster family, namely Mrs.

C and Mr.

D, if the evaluation of the environment allows it; [ 21 ] ORDERS that the child be gradually reintegrated under the care of the mother as soon as the situation allows; [ 22 ] WITHDRAWS the exercise of certain attributes of parental authority; such as registering the child to the Registre de l’État civil; [ 23 ] GRANTS them to the Director of Youth Protection, who will register the child with the Québec Register of Civil Status. [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 25 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 27 ] ORDERS that the parents remain sober in the presence of the child; [ 28 ] ORDERS that the parents refrain from displaying any violent behaviour in the presence of the child; [ 29 ] ORDERS that the terms, frequency and degree of supervision for contact between the child and the parents be determined by the Director; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 31 ] RECOMMENDS that the mother seek help through the Social Services concerning her alcohol and personal issues; [ 32 ] ORDERS the Director of Youth Protection to guide the father towards therapy for his addiction problem and personal issues; [ 33 ] AUTHORIZES the Director to communicate with Social Services and Nunavik Police Services regarding follow-up on the mother and the father and any offence related to alcohol consumption and violence; [ 34 ] ORDERS the execution of this judgment by any peace officer; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 36 ] THE WHOLE until November 11, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Angèle Tommasel

Counsel for the child Mtre Michaël Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the mother Date of hearing: November 10, 2022