2022 QCCQ 9001, 2022 QCCQ 9001

Protection de la jeunesse — 224846 2022 QCCQ 9001 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001126-215 DATE: January 19, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2020 child and A mother ______________________________________________________________________ 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 11.2, 11.2.1 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 January 19, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Jean Gravel on May 7, 2021. [ 3 ] Today, the Director recommends that the child remain entrusted to the care of her mother and that support measures be ordered until October 31, 2022. [ 4 ] The mother and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] At this point, Mr. B is not declared as the child’s father. [ 7 ] The child has been thriving under the care of Ms. C. The child has completely recovered from her gastroschisis but she will eventually require additional follow-up from specialists in Town A. Her next appointment in Town A is scheduled for March 2022. [ 8 ] Mrs. C is a member of the biological father’s extended family.

She has been recognized as a foster family for the child. [ 9 ] In the May 7, 2021 judgment, Justice Gravel wrote the following: [24] The mother has demonstrated on multiple occasions that she cannot manage her alcohol consumption in order to take care of the baby. [25] She needs to seriously address her alcohol abuse issues. She has the necessary parental capacities to take care of her child when

sober. [26] When she is intoxicated, she does not remember afterwards how she has behave and in fact, is unable to respond to the fundamental needs of the child. [ 10 ] The mother has not taken any formal steps to address her personal issues. The mother and Mr. B reported that they have diminished their alcohol consumption. [ 11 ] On July 17, 2021, the police had to intervene as the mother was causing a commotion and trying to go inside somebody’s house. During the intervention, the mother was intoxicated by alcohol.

She was eventually placed under arrest for being under the influence of alcohol in a public place. Since May 7, 2021, this is the only police intervention recorded involving the mother. [ 12 ] The mother mentioned being involved in an “on and off” relationship with Mr. B, the child’s biological father. [ 13 ] The mother reports that visits with the child are always positive. They occur twice per week.

She actively collaborated with the Director and met with the Youth Protection worker when requested. [ 14 ] As of December 1, 2021, the Director proceeded with a progressive reintegration of the child to her mother’s care. This process was reported as positive for the child. The mother collaborated with the Youth Protection worker. [ 15 ] At this point, the Director is ready to fully reintegrate the child to her mother’s care. The Tribunal is of the opinion that sufficient elements are present to agree with such an orientation.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] REVISES and EXTENDS the order rendered by the Honourable Jean Gravel on May 7, 2021; [ 19 ] ORDERS that the child be entrusted to her mother’s care; [ 20 ] ORDERS that the mother take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 21 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply in her own regard or in her child’s regard to put an end to the situation of compromission; [ 22 ] ORDERS that the mother remain sober in the presence of the child; [ 23 ] ORDERS that the mother refrain from any kind of violence in the presence of the child; [ 24 ] RECOMMENDS that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her alcohol and personal issues; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 26 ] THE WHOLE until October 31, 2022; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Jean-Bernard Terrisse Counsel for the child Mtre Nada Boumeftah Counsel for the mother Date of hearing: January 19, 2022