2020 QCCQ 8203, 2020 QCCQ 8203

Protection de la jeunesse — 202114 2020 QCCQ 8203 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000937-190 DATE: January 29, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 adolescent and A (deceased) B (deaceased) parents C D parties ______________________________________________________________________ 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 29, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Marc Ouimette on March 1, 2019. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to Mr. D and Mrs. C and that support measures be ordered until October 27, 2020. [ 4 ] Mrs. C agrees with the Director’s plan but would prefer that the Youth Protection file be closed. [ 5 ] Mr.

D’s first choice would be that the Youth Protection file be closed. As an alternative, he would be open to receive support service but insist that the Youth Protection worker not see the adolescent at school. [ 6 ] The adolescent shares Mr. D’s opinion. Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The adolescent has continued to be entrusted to Mrs. E, his maternal aunt.

Nonetheless, he spent lots of time at the house of C and D, his biological parents. [ 9 ] In September 2019, the adolescent went to reside with another aunt, Mrs. F.

[ 10 ] The adolescent has been developing well. [ 11 ] The adolescent has not been registered in school. He has been working full-time for the municipality of A. [ 12 ] From September 10 to mid-November 2019, Mrs. C moved out of the family residence and went to reside with her cousin. During that time, Mr. D remain the main caregiver for the children. [ 13 ] Up until the period where he cared alone for the children, Mr. D collaborated well with the Director. He since, refuses to collaborate and to provide the Youth Protection worker access to the adolescent. [ 14 ] During that period, Mr.

D had no employment and no income as Mrs. C was receiving all the governmental financial subsidies. [ 15 ] In terms of the father’s alcohol consumption, he reports drinking once every week, five beers, and not to the point of intoxication. [ 16 ] Between February 5 and May 29, 2019, the father actively participated in psychological counseling. He also received support from Mr. G, life coach from the A Network. [ 17 ] Since mid-November 2019, Mrs. C and Mr. D have reunited. [ 18 ] Mrs. C’s collaboration with the Director has been fluctuating. [ 19 ] Mrs. C has continue to struggle with alcohol consumption issues.

She reports that she drinks one time per week, ten beers. [ 20 ] On May 7, 2019, the police arrested the mother for driving a vehicle while impaired by alcohol. [ 21 ] On July 31, 2019, Y witnessed a dispute between her parents (Mrs. C and Mr.

D) where her mother punched her father a few times on his back. At the time, the mother was intoxicated by alcohol and she was arrested for assault. [ 22 ] On September 14, 2019, the police intervened with Mrs. C and Mr. D. Mrs. C was intoxicated. She reported that she was afraid the baby would possibly be sexually molested. Being under the influence, she was breaching her conditional sentence. [ 23 ] On October 15, 2019, Mrs. C called the police on three occasions, stating that Y was being raped by the father. When the police met with her, she was intoxicated, breaching her conditional sentence order.

Following police verification, it appeared that the information provided by Mrs. C was false. [ 24 ] Mrs. C completed her application to attend A Healing Lodge in Town A. She will possibly start her sessions in March 2020. [ 25 ] As the adolescent is approaching his age of majority, he is less vulnerable. At this point, it is possible to return him to the care of his biological parents. The Tribunal will acknowledge that they consent for him to reside with his aunt Mrs. F. [ 26 ] The Director’s involvement remains necessary as Mrs. C and Mr. D have not yet stabilized their own situation.

Problems are recurrent, they have reunited and Mrs. C as yet to enter a rehabilitation treatment program. [ 27 ] In order to find the parties’ adhesion in this situation, it is reasonable to ask that social follow-up meetings be held either at the family residence or at the Director’s office. THEREFORE AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the application for revision and extension; [ 29 ] DECLARES that the security or the development of the adolescent is still endangered; [ 30 ] REVISES and EXTENDS the order rendered on March 1, 2019; [ 31 ] ORDERS that the adolescent be entrusted to the care of Mrs.

C and Mr. D; [ 32 ] TAKES JUDICIAL NOTICE that Mrs. C and Mr. D agree for the adolescent to reside with his aunt, Ms. F; [ 33 ] ORDERS that the adolescent, Mrs. C and Mr. D report periodically to the Director on the measures they apply in their own regard or in the adolescent’s regard to put an end to the situation of compromission; [ 34 ] ORDERS that Mrs. C and Mr. D take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 35 ] ORDERS that Mrs. C and Mr. D remain sober in the presence of the adolescent; [ 36 ] ORDERS that Mrs. C and Mr. D refrain from any aggression or violence in the presence of the adolescent; [ 37 ] RECOMMENDS that Mrs. C continue her steps to integrate a treatment center for her alcohol consumption issue; [ 38 ] RECOMMENDS that Mrs. C continue to seek help through the Social Services or another resource deemed appropriate concerning her alcohol consumption issue;

[ 39 ] AUTHORIZES the Director of Youth Protection to access the information regarding the presence of Mrs. C and Mr. D at appointments with professionals and their level of involvement with the services provided; [ 40 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent, Mrs. C and Mr.

D; [ 41 ] THE WHOLE until October 27, 2020; [ 42 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 43 ] ORDERS the execution of the present order by any peace officer. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the adolescent Mtre Angele Tommasel Counsel for Mrs. C Date of hearing: January 29, 2020