2023 QCCQ 6543, 2023 QCCQ 6543

Protection de la jeunesse — 233371 2023 QCCQ 6543 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001164-216 DATE: April 6, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 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 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 April 6, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Renée Lemoine on April 22, 2022. [ 3 ] On February 7, 2023, the hearing was postponed at the request of the parents and the child’s attorney. [ 4 ] On March 22, 2023, the hearing was again postponed as the mother had not presented herself to the Director’s office and was nowhere to be found. [ 5 ] Today, the Director recommends that the child remain entrusted to the mother at the exclusion of the father and that diverse support measures be ordered until February 28, 2024.

The Director also requests to add “educational neglect” as a rationale for compromission. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child has continued to be entrusted to her mother’s care in [Community A]. [ 8 ] The parents still struggle with conjugal violence and alcohol consumption issues. [ 9 ] On June 24, 2022, police had to intervene as the father physically assaulted the mother. At the time of the police intervention, the mother was intoxicated by alcohol.

On that occasion, the father breached many of his conditions. [ 10 ] On October 24, 2022, the police had to intervene again. During their intervention at the family house, they found the parents together and intoxicated. It was reported that they both fought with the other. The father was breaching his conditions. X was present during the intervention and reacted strongly when she understood that her mother would be arrested. [ 11 ] On February 26, 2023, the father threw a glass on the mother’s head while she was sleeping.

[ 12 ] The child remains exposed to the parents’ issues. [ 13 ] The parents have not taken any formal steps to address their issues. Their collaboration with the Director’s follow-up is minimal. [ 14 ] The father has criminal conditions not to be in the mother’s presence. Despite these conditions, he continues to present himself at the family house. By doing so, he maintains the child in a situation of potential danger. It has been difficult for the mother to set limits for the father. [ 15 ] The child’s school attendance remains problematic.

The mother was unable to ensure that the child attends school daily. [ 16 ] When she was at school, the child experienced some social anxiety and had big crisis. The child is 13 years of age. She as the obligation to attend school until her 15 th birthday. [ 17 ] In her last order, Justice Lemoine set clear objectives for the parents when she wrote the following: The mother should assume her responsibilities to protect her children. She will have to cooperate to regain her ability to make good choices and give priority to her children.

She will have to address her personal issues, such as alcohol consumption and being a victim of conjugal violence. The father must seek help for his violent behaviour as well as for his alcohol abuse issues.” [ 18 ] Obviously, the parents have not met these objectives. The Director’s intervention remains necessary.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for extension; [ 20 ] EXTENDS the order rendered by the Honourable Renée Lemoine on April 22, 2022; [ 21 ] DECLARES that the security or the development of the child is still endangered; [ 22 ] ADDS “educational neglect” (article 38 b) 1 iii of the Youth Protection Act ) as a rationale for compromission; [ 23 ] ORDERS that the child remain entrusted to the mother’s care at the exclusion of the father; [ 24 ] ORDERS that the parents take an active

part in the application of any measures ordered by the Court; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation of compromission; [ 26 ] ORDERS that the child attend school on a regular basis; [ 27 ] AUTHORIZES the Director of Youth Protection to have access to the child medical file, and school attendance and evolution; [ 28 ] ORDERS that the school A in [Community A] collaborate with the Director and give access to the child and any relevant documents concerning the child; [ 29 ] ORDERS that the parents remain sober in the presence of the child; [ 30 ] RECOMMEND S that the parents seek help through social services concerning their alcohol, anger management and personal issues; [ 31 ] ORDERS that contacts between the child and her father be determined by Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 33 ] THE WHOLE until February 28, 2024; [ 34 ] 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the child

Mtre Ève Laoun Counsel for the mother Mtre Andréa Roc-Forgues Counsel for the father Date of hearing: April 6, 2023