2022 QCCQ 9003, 2022 QCCQ 9003

Protection de la jeunesse — 224848 2022 QCCQ 9003 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001161-212 DATE: January 17, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 child and A (deceased) B parents ______________________________________________________________________ JUDGMENT

Section 38 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 17, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is compromised due to a situation of neglect regarding education, serious risk of neglect, psychological ill-treatment and physical abuse. [ 3 ] On November 16, 2021, the Tribunal entrusted the child, on a provisional basis, to the care of her aunt, Ms.

C. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that diverse support measures be ordered until January 31, 2023. [ 5 ] The father and the child’s attorney are contesting the proposed plan and are recommending that the child be returned to her father’s care. Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 7 ] Is it possible to return the child’s to her father’s care?

Context and analysis [ 8 ] The child usually resides with her adoptive father and other members of her extended family (her biological father, Mr. D, her uncle E and her cousin

F) in Town A. [ 9 ] Adults in the household regularly consume alcohol. Mr. D has a history of alcohol consumption issues. [ 10 ] On March 11, 2021, the adoptive father signed an agreement on voluntary measures recognizing that Mr. D, the child’s biological father, exposed the child to alcohol consumption and domestic violence on many occasions. [ 11 ] The child was maintained under her adoptive father’s care and support measures were put in place for a period of eight months. [ 12 ] On April 21, 2021, police had to intervene due to a fight between the father and his sons D and E. During the event, they were

all intoxicated by alcohol. At the time, the child was not present at the home. [ 13 ] On May 13, 2021, the father and his son D, again got into a physical altercation while they were both intoxicated with alcohol. The child did not witness this fight. [ 14 ] On August 14, 2021, Mr. D caused trouble at a relative’s house where the child was sleeping for the night. At the time, Mr. D was intoxicated by alcohol and trying to leave with the child. The child was screaming and crying as she did not want to be with her biological father who was intoxicated.

The police had to intervene and returned the child to her cousin’s house. As Mr. D tried to bring the child home a second time, he was arrested for breaching his conditions. [ 15 ] On August 20, 2021, the father called the emergency services while he was intoxicated by alcohol. At the time, the child was staying with a teacher. He asked for her return. [ 16 ] On August 21, 2021, the child was accidently pushed by her aunt, who was intoxicated by alcohol at the time. On the same day, it was reported that Mr. D had been rough with the child during previous weeks while he was intoxicated by alcohol.

The child had bruises related to these incidents. [ 17 ] On August 24, September 2, November 11 and 18, 2021, the child’s situation was again reported to the Director. Following evaluation, the Director concluded that the child’s education needs were neglected, that she had been victim of physical abuse and that a situation of serious risk of neglect existed. [ 18 ] In October 2021, while the father was sleeping in his room, the child witnessed her biological father and his friend intoxicated by alcohol.

On October 26, 2021, while the father was traveling for his job, the child was again in presence, in her house, of adults who were intoxicated and who were arguing. [ 19 ] In November 2021, the child started to participate in a psychological follow-up with Mr. Victor-Manuel Thomas. [ 20 ] On November 10, 2021, the police had to intervene as Mr. D was physically fighting with his brother E. At one point, Mr. D threw a rock at his brother’s face. The child tried to intervene to stop the fight and was pushed by Mr. E. At the time, Mr.

D and his brother were intoxicated by alcohol and they were both eventually arrested. During this event, the father was also intoxicated and did not intervene to protect the child as he was sleeping in his room. [ 21 ] Immediate protective measures were invoked and the child was entrusted to a family member, Ms. C. [ 22 ] At first, the father actively collaborated with the Director. He reported understanding the importance for the child to reside in a safe and stable home, free of alcohol consumption and violence.

With time, his collaboration decreased and has been inconsistent. [ 23 ] Since the child’s placement, the father recognized that alcohol had been an issue in his life for many years and that he attended treatment many times in the past. He filled an application form to participate in the [Program A]. [ 24 ] Since her placement, contacts between the child, her father and her biological father are permitted as long as there is no alcohol consumption in her presence. The child has to return to her foster family at night.

On November 27, 2021, the child called the community Social Worker asking her to come pick her up from a visit. She mentioned that an intoxicated individual was at her place and that Mr. D was refusing that this person leave. [ 25 ] Despite support offered over the last few months, the family situation has remained the same. The child is still exposed to situations where adults are intoxicated by alcohol and involved in aggressive behaviours. The child’s adoptive and biological fathers are often involved in these events. Nonetheless, the father also left the child to her biological father’s care.

The father mentioned that when he consumes alcohol, he locks himself in his bedroom. Consequently, he is no longer in a position to protect the child. On occasions, alcohol consumption of adults in the household has led to the child being hit. [ 26 ] During his testimony, the father mentioned that most of his family’s problems are due to the fact that too many people reside in the same house. His son E is looking to move to a different house.

The Tribunal understands the family’s situation, although alcohol consumption of all adults also is problematic. [ 27 ] As of now, the adoptive father and the biological father have not yet taken steps to address their alcohol consumption issues. The Director recommends, that while they stabilize their own situation, the child should remain entrusted in a stable and safe environment. [ 28 ] Mr. D is now incarcerated. The time of his release is unknown. Over the last year, he was involved in many of the police interventions. The fact that he is away from the home is a protective factor for the child.

The adoptive father is caught between prioritizing his son Y or his daughter X. During his testimony, the father ensured that, once released, his son Y will have to reside in a different house. He will help him find this resource. It is in that specific context that the Tribunal believes that the child’s return to her father’s care is possible. It will also be important for the father to address his own alcohol consumption issues. He reported begin ready to do it for his daughter and for himself.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for protection; [ 30 ] DECLARES that the security or the development of the child is endangered ( sections 38 c), 38 b) 2, 38 e) 1 and 38 b) 1 iii of the Youth Protection Act ); [ 31 ] ORDERS that the child be entrusted to the father’s care, at the exclusion of Mr. D;

[ 32 ] ORDERS that the father take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 33 ] ORDERS that the father report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 34 ] ORDERS that the father remain sober in the presence of the child, and make sure she is not exposed to alcohol consumption and any kind of violence; [ 35 ] TAKES JUDICIAL NOTICE that the father agrees to seek help through Social Services, and consequently, ORDERS that the father seek help through the Social Services or another resource deemed appropriate concerning his alcohol issues; [ 36 ] ORDERS that the contacts between the child and Mr.

D be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 37 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the father’s residence; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 39 ] THE WHOLE until January 31, 2023; [ 40 ] 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 father Date of hearing: January 17, 2022