2022 QCCQ 2889, 2022 QCCQ 2889

Protection de la jeunesse — 22123 2022 QCCQ 2889 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000680-204 DATE: January 25, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2018 Child -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on July 7, 2021, in respect of the child in order to entrust her to the father. Her brother is aimed by the same proceedings. A common evidence is presented. [ 2 ] At the hearing, none of the parents are present. The social worker explains the reasons of the father’s absence. Regarding the child, she is represented by a lawyer acting under a legal mandate, considering her young age.

After reviewing all the evidence, he agrees to the measures proposed by the DYP. [ 3 ] At the beginning of the last measures ordered, the mother had the children from June 17, 2021, until September 25, 2021, due to allegations concerning the father who was unfounded. [ 4 ] From May to September 2021, the mother screening drug tests does not reveal anything. The reality is quite different because the mother uses drugs bought on the streets. The DYP learns that the mother cheats on her tests by using the urine of a child that she hides in her when she comes to the CLSC.

When the mother is asked to undergo another drug test but under close supervision, she refuses at first, she finally agrees to do so but leaves the CLSC before taking the test. [ 5 ] At this point, the children are entrusted to the father until further notice. Furthermore, there are concerns regarding the mother’s spouse being verbally and physically violent towards her. [ 6 ] A discussion occurred on September 28, 2021, between the youth delegate and the mother in which she did not wish to provide her location nor a way to get in contact with her.

On October 13, 2021, the day scheduled for the revision of the file, the DYP was able to locate the mother. Since then, the mother never contacted the youth delegate to establish a

schedule of contact with her children. [ 7 ] The children have been living with the father since September 25, 2021. There is no negative feedback regarding the latter from either the school environment or the child care environment. The father attends all required appointments involving children such as medical evaluation or dental. He collaborated with the DYP and gives updates regarding his children. No other police intervention was reported. [ 8 ] Since the end of September 2021, the mother has made no attempt to meet with the youth delegate and even more important did not ask for any access to her children.

The father is able to provide a good environment for his children and he is capable of taking care of them. He will still need support in the months to come to help him deal with all possible issues that could occur.

[ 9 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduces, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 12 ] REVISES AND EXTENDS the court order rendered on July 7, 2021; [ 13 ] ENTRUSTS the child to her father; [ 14 ] RECOMMENDS that the mother involves herself in a follow-up regarding her personal difficulties and her addiction issues; [ 15 ] RECOMMENDS that the parents submit themselves to random drug tests; [ 16 ] RECOMMENDS that the parents actively participate in the ordered measures; [ 17 ] ORDERS that the parents report periodically to the DYP on the measures they apply in themselves and their child to put an end to the situation of endangerment; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until March 31, 2022; [ 19 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on January 27, 2022.