2022 QCCQ 12071, 2022 QCCQ 12071

Protection de la jeunesse -- 227105 2022 QCCQ 12071 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division Nos: 640-41-002326-194 640-41-002327-192 640-41-002328-190 DATE: April 3, 2023 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTERS OF: X, born on […], 2018 Y, born on […], 2011 Z, born on […], 2006 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the A C.Y.P.C.

Applicant and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION RECTIFIED ( sections 95(1) (2) and 75 , Youth Protection Act , CQLR., c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied under

section 95 of the Youth Protection Act [1] for the extension of a decision rendered on October 5, 2021, by the Honourable Christian Leblanc, J.C.Q. At that time, he declared that the security and development of the children were still in danger. He entrusted the children to a foster family until July 31, 2022. [ 2 ] At the hearing the mother was assisted by counsel. She did not contest the measures or the fact that the children were still in danger under

section 38(b)(iii) of the Youth Protection Act , [2] but contested the fact that their situation was still in danger under

section 38 (e) (1) of the Youth Protection Act . [3] The children were represented by counsel. The children Z and Y admitted that they are still in danger under sections 38 (b)(iii) and 38(e)(1) of the Youth Protection Act [4] . The child X is 4 years old and her counsel had a legal mandate. [ 3 ] The following facts were introduced into evidence: [ 4 ] The mother still displays alcohol consumption issues. The mother and her partner display conjugal violence issues. The mother testified that while she was still with her partner, she was no longer living with him.

Since the last Court hearing, the mother has not taken any steps to address her issues. In April 2022, as the mother was accompanying the child’s sibling for medical reasons, there was an episode of alcohol consumption. On this occasion, the mother had to be admitted to the hospital for alcohol poisoning. Upon her return to the community, on or around May 20, 2022, the child’s sibling spent some time under her care. One night, the mother, while intoxicated by alcohol, attempted to physically attack Z, who had to barricade herself in her room and call the police.

Following this event, criminal charges were laid against the mother and she currently has court conditions not to be in contact with Z, unless authorized by Youth Protection. [ 5 ] Since the last Court hearing, the mother has cancelled multiple visits with the children. Since December 8, 2021, twenty-six (26) visits were cancelled by the mother and only five (5) took place. According to the mother, the visits were cancelled for medical reasons, her busy

schedule or because she was hosting guests at her place. The mother's cooperation with Youth Protection is inconsistent. The mother is unable to provide the children with a stable, safe, and alcohol-free environment. [ 6 ] After considering the documentary evidence, the testimony and the positions of the parties, the Court finds that there is sufficient evidence to declare that the security and development of the children are still in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the applications for extension; [ 8 ] REVIEWS and EXTENDS the decision rendered on October 5, 2021; [ 9 ] DECLARES that the security and the development of the children are still in danger under sections 38 (b)(iii) and 38(e)(1) of the Youth Protection Act [5] ; [ 10 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 11 ] AUTHORIZES that the children be gradually integrated under the care of the mother, if the mother takes steps to address her alcohol consumption issues, if the situation allows, and if the children wish it; [ 12 ] ORDERS that the children and the children’s mother take an active

part in the application of any of the measures ordered by the Court; [ 13 ] ORDERS that the children and the children’s mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 14 ] ORDERS that the Director of Youth Protection be authorized to perform surprise visits at the mother’s home; [ 15 ] ORDERS that contact between the children and the mother be determined by the Director of Youth Protection as to the terms, frequency and degree of supervision; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 17 ] ORDERS the police to cooperate in the execution of this judgment; [ 18 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 19 ] The whole until October 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: October 20, 2022