2020 QCCQ 12972, 2020 QCCQ 12972

Protection de la jeunesse — 202101 2020 QCCQ 12972 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 635-41- 000669-157 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2008 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 January 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on June 13, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that diverse support measures be ordered until October 31, 2020. [ 4 ] The mother agrees with the measures, but wishes for the child to return to her care as soon as possible.

She presents that a reintegration starting in June 2020 would be possible. [ 5 ] The father wishes for the child to be entrusted to the mother’s care. As an alternative, he agrees for the child to remain entrusted to the paternal grandparents’ foster family. [ 6 ] The child’s attorney is in agreement with the Director’s plan. The child would like to see his parents more often. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] Even if the Tribunal entrusted the child to the parents care, the child spent lots of time with the grandparents. [ 9 ] On October 4, 2019, the father was arrested for having assaulted the mother. During the incident, both parents were intoxicated.

[ 10 ] In October 2019, the Youth Protection worker was informed that the child had been acting out in the community. His school attendance was also reported as problematic. He had been disrespectful towards the school staff and was not doing his work. On November 13, 2019, due to his difficult behaviours, he was asked to leave school. [ 11 ] On December 1, 2019, the Director was informed that the parents were traveling to Town A to escort their youngest child to the hospital.

The child’s sibling was eventually transferred to Town B. [ 12 ] The Youth Protection worker was informed that while the parents were away, the child was cared for by the paternal grandparents, Mr. C and Mrs. D. [ 13 ] On December 13, 2019, the Tribunal ordered on a provisional basis, that the child remained entrusted to the foster family of his paternal grandparents. [ 14 ] The grandparents report that the child’s behaviours have improved and that he is responding well to their structure. [ 15 ] The parents still struggle with alcohol consumption issues.

They still maintained, not long ago, a volatile relationship. They have not taken steps to resolve and stabilize their situation. [ 16 ] The Youth Protection worker received information to the effect that on December 7, 2019, the parents presented themselves at the hospital in Town B, under the influence of alcohol. On December 17, 2019, the mother was observed highly intoxicated at the hospital. [ 17 ] On December 23, 2019, the father returned intoxicated at Town C. [ 18 ] The parents have just started taking steps to ensure the child’s stability by receiving support from Social Services.

It will take time to stabilize their own situation. The duration requested appears reasonable. The Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision; [ 20 ] DECLARES that the security or the development of the child is still endangered; [ 21 ] REVISES and EXTENDS the order rendered on June 13, 2019; [ 22 ] ORDERS that the child be entrusted to a foster family; [ 23 ] TAKES JUDICIAL NOTICE that the Director has chosen to entrust the child to the foster family of the paternal grandparents; [ 24 ] ORDERS that the child attend school on a regular basis; [ 25 ] ORDERS that the child, the parents and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 26 ] ORDERS that the child and the parents, report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 27 ] ORDERS that the child and the parents take an active

part in the application of the ordered measures and fully collaborate with the Director of Youth Protection; [ 28 ] ORDERS that the parents remain sober in the child’s presence; [ 29 ] ORDERS that the parents refrain from any kind of violence in the child’s presence; [ 30 ] RECOMMENDS that the parents continue seeking help through the Social Services or another resource deemed appropriate concerning their alcohol, drug and personal issues; [ 31 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 32 ] ORDERS that contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 33 ] RECOMMENDS that those contacts be encouraged as long as the parents are sober; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 35 ] THE WHOLE until October 31, 2020; [ 36 ] 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 February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Nada Boumeftah Counsel for the mother Mtre Angele Tommasel Counsel for the father Date of hearing: January 28, 2020