2022 QCCQ 13906, 2022 QCCQ 13906

Protection de la jeunesse — 224792 2022 QCCQ 13906 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000689-218 DATE : May 26, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on May 26, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the honourable Denyse Leduc on July 28, 2021. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care and that diverse support measures be ordered for a period of one year.

The Director also alleges that the father used inappropriate physical discipline with the child. [ 4 ] The father disagrees with the Director’s recommendations and with the Director’s new findings. He decided not to come to court but provided a clear mandate to his attorney. [ 5 ] The mother and the child’s attorney are in agreement with the Director’s plan. Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 7 ] Was preponderant evidence presented regarding the allegations of physical abuse?

Context and Analysis [ 8 ] Since October 2021, X has been entrusted to his father’s care. [ 9 ] On October 15, 2021, the Director was informed that during a visit with the child, the mother was intoxicated. At some point, the mother left the child under the responsibility of a babysitter who was also intoxicated. [ 10 ] On November 1 st , 2021, the Tribunal rendered a provisional order entrusting the child to the father’s care on a provisional basis.

[ 11 ] In September 2021, the mother attended treatment, but relapsed following her return. [ 12 ] In October 2021, the Director received information to the effect that the mother was consuming in presence of the child. Upon verification, the Youth Protection worker met with the mother, who was high on cocaine. At the time, the child was at the father’s residence. [ 13 ] On November 1 st , 2021, following Court, the father asked that Y and X be placed as he and his girlfriend had issues and he had no place to live.

He later decided to remain with his girlfriend and keep the children in his care. [ 14 ] The father’s collaboration with the Director has been difficult. He has attempted to intimidate the Youth Protection worker. He changed positions on numerous occasions. [ 15 ] From November 14 to December 10, 2021, the mother participated and complete the rehabilitation program at A Treatment Centre. [ 16 ] Over time, the mother’s collaboration with the Director has improved. [ 17 ] During the Holidays, the children spent a significant amount of time with the mother.

Unannounced visits to her place were made at her place and no issues were reported at the time. [ 18 ] On January 14, 2022, the Tribunal entrusted the child to the mother’s care on a provisional basis. [ 19 ] On January 17, 2022, the Director received information to the effect that the mother had been consuming to the point of intoxication, exposing the children to her consumption. At some point, she left the children without supervision for 3 hours and drove in the community, while under the influence of alcohol.

The mother reported that the maternal grandmother was outside of the residence supervising the children. [ 20 ] On January 26, 2022, the Tribunal entrusted the child back to the father’s care on a provisional basis. [ 21 ] The father’s relationship with his girlfriend has remained unstable. On occasions, the father asked for the child’s placement as he had no place to live following arguments with his girlfriend. [ 22 ] On March 9, 2022, the three children reported to the Youth Protection worker that the father had been verbally, psychologically and physically abusive towards all of them.

Immediate protective measures were invoked and the children were entrusted to the mother’s care. [ 23 ] The children are presumed apt to testify. The father’s attorney objected for their alleged versions to be considered as testimony. Neither party wished for the children to testify. [ 24 ] At the hearing, the Director’s attorney decided not to present any evidence with regards to the alleged physical abuse.

The mother and the children’s attorneys decided not to present any evidence on this question. [ 25 ] On March 16, 2022, the Tribunal ordered that the child be entrusted, on a provisional basis, to the mother. [ 26 ] The Youth Protection worker has not received any report of the mother drinking since January 2022. The mother also reports attending AA meetings twice per week. [ 27 ] During her testimony, the mother mentioned that the children were doing well. At times, it has been challenging caring for the three children but she managed.

She received support from her big family. [ 28 ] The parents clearly have difficulty communicating with each other. It is challenging for them to take common decisions for the child. They blame each other for their own issues. [ 29 ] The evidence does not support that the children be removed from their mother’s care. It is important that she continues on her journey to remain sober and be provided with tools to ensure her stability.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 30 ] GRANTS the application for revision; [ 31 ] DECLARES that the security or the development of the child is still endangered; [ 32 ] DECLARES that the Director did not present preponderant evidence with regards to alleged physical abuse; [ 33 ] REVISES the order rendered on July 28, 2021 by the Honourable Denyse Leduc; [ 34 ] ORDERS that the child be entrusted to the mother’s care; [ 35 ] ORDERS that the frequency and modalities of contacts between the child and the father be determined by the Director of Youth Protection, taking into consideration the child’s wishes; [ 36 ] ORDERS that a calendar of visits be done as soon as possible;

[ 37 ] ORDERS that the parents not expose the child to any form of physical or verbal violence at all times; [ 38 ] RECOMMENDS that the father engage in counseling for his unresolved issues; [ 39 ] RECOMMENDS that the parents receive counseling on how to co-parent and parental skills; [ 40 ] RECOMMENDS that the parents engage in Grieving workshop from their long-term relationship; [ 41 ] RECOMMENDS that the mother engage in counseling for her unresolved issues; [ 42 ] ORDERS that the mother undergo random drug testing upon the Director Youth Protection’s request; [ 43 ] RECOMMENDS that the mother undergo a psychological assessment; [ 44 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 45 ] THE WHOLE for a period of one year; [ 46 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 26, 2022