2022 QCCQ 12469, 2022 QCCQ 12469

Protection de la jeunesse — 227422 2022 QCCQ 12469 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000910-226 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […],2022 child and A 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 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 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the parents failed to meet the child’s basic needs in terms of supervision.

The Director also alleges that a situation of serious risk of neglect exists. [ 3 ] Today, the Director recommends that the child be entrusted to a foster family for a period of nine months, that a reintegration be ordered after six months and that support measures be ordered for a period of one year. [ 4 ] The mother agreed with the recommendations. [ 5 ] The father received notification but is absent at the hearing. [ 6 ] The child’s attorney agreed with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and analysis [ 8 ] On September 17, 2022, the emergency workers found two intoxicated women trying to care for seven children. The workers observed that the house was in disarray, with dirty diapers on the floor, garbage, and unfolded laundry. At the time, Y was at his maternal grandmother’s home, in her bush camp. The mother had gone out drinking. When she was informed of the emergency workers intervention, she continued to drink.

The Director invoked immediate protective measures and the child was placed in a foster family. [ 9 ] When she was eventually confronted with this information, the mother acknowledged that no one was supervising the children while she was intoxicated that night. She also admitted to using cocaine and speed.

[ 10 ] On September 27, 2022, the Tribunal ordered the provisional placement of the children in a foster family. [ 11 ] The child and his twin were first entrusted to an emergency foster home in Town A. They were later moved to the maternal grandmother’s camp for a week. They were eventually transferred to the foster home of Ms. C for two weeks to then be moved to a foster family related to the father in Town B until this placement fell apart. Since October 27, 2022, the twins are relatively stable, in a non-native foster family in Town C.

They are adapting themselves to this environment. [ 12 ] The mother was overwhelmed with the care of eight children. She receives support from her extended family but her parents live 3 hours away outside the community. She consumes alcohol to the point of intoxication and this impacts on her ability to care for all her children. Even if she knows she make poor decisions by leaving the children without supervision, she is negatively influenced by friends and go out drinking. [ 13 ] Despite the children being out of her care, the mother has continued to binge drink.

At this point, she is unsure if she wishes to start a treatment program. [ 14 ] On November 7, 2022, the mother informed the Youth Protection worker that she would be staying at the women shelter in Town C. [ 15 ] The child’s vaccination and medical follow-ups are not up to date. On several occasions, the mother postponed the child’s medical appointments in Town D. [ 16 ] Since May 2022, the father has been incarcerated in relation with a sexual assault on a young woman that occurred in 2018.

In June 2022, he was sentenced to incarceration for two years. [ 17 ] The parents’ history of struggle with alcohol and with the lack of supervision for the children is of concern. They will have to address their own issues and stabilize their situation before the child’s reintegration could be considered.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ); [ 20 ] ORDERS that the child be entrusted to a foster family for a period of nine months with reintegration to the mother’s care after six months; [ 21 ] RECOMMENDS that both parents take active steps to engage and complete a drug and alcohol treatment program; [ 22 ] ORDERS that the parents remain sober in the presence of the child at all times; [ 23 ] ORDERS that the parents ensure that the child is not exposed to any persons under the influence of alcohol; [ 24 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection, including supervision by a third party if necessary; [ 25 ] ORDERS that both parents fully collaborate with the Director of Youth Protection and meet the worker upon request; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and his family with regards to attendance and progress; [ 27 ] ORDERS to any peace officer to collaborate in the execution of the present Court order if requested by the Director of Youth Protection ; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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 Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother

Date of hearing: November 23, 2022