2022 QCCQ 12436, 2022 QCCQ 12436

Protection de la jeunesse — 227389 2022 QCCQ 12436 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000753-212 DATE: November 22, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2020 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 November 22, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on May 24, 2022. [ 3 ] Today, the Director recommends that the child be entrusted to his father’s care. [ 4 ] The Director also recommends that support measures be ordered for a period of one year. [ 5 ] The parents and the child’s attorney agree with the Director’s plan.

They submit that the child should be entrusted to both parents and not just the father. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 7 ] The child has continued to thrive under the care of his parents. He has special medical needs and still requires to be fed by a G- tube. He has not missed any of his medical appointments. Since the parents reunited, they both care for the child. [ 8 ] The parents’ situation remains essentially the same. They have not yet sought any formal services to address their issues.

They recognize that they still consume drugs and alcohol. [ 9 ] Until August 2022, they both continued to reside with the paternal grandfather. On August 30, 2022, the mother decided to go live with X at her older sister, Y. She is expecting another child and is due for December 2022. The parents have since reunited. [ 10 ] On August 31, 2022, the Director was informed that the father had been drinking while caring for Z, C and X.

[ 11 ] On October 25, 2022, the Director was informed by the [organism A] that an incident occurred in a Town A hotel, involving the parents. They argued and fought and were intoxicated at the time. [ 12 ] Considering the child’s special needs, it is still in his best interest to maintain him in his parents’ care. The Director’s continued intervention remains paramount to ensure that the parents remain sober while caring for the child. They should also ensure that the child is not exposed to altercations between his parents.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] REVISES the order rendered on May 24, 2022; [ 16 ] ORDERS that the child be entrusted to his parents’ care; [ 17 ] RECOMMENDS that the parents seek professional help for their issues and substance use; [ 18 ] ORDERS that the child not be exposed to drinking and conjugal violence; [ 19 ] ORDERS that the child attend either school or daycare as soon as there is a place and resource for the child; [ 20 ] ORDERS the Director of Youth Protection to make unannounced visits to the family home; [ 21 ] ORDERS the parents to cooperate with the Director of Youth Protection and report regularly about their progress and situations; [ 22 ] ORDERS that the frequency and modality of visits between the child and the parents be determined by the Director of Youth Protection; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain information from service providers of the parents as for their progress and attendance; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 25 ] THE WHOLE for a period of twelve months; [ 26 ] 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 6, 2023 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: November 22, 2022