2022 QCCQ 13914, 2022 QCCQ 13914

Protection de la jeunesse — 224798 2022 QCCQ 13914 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000752-214 DATE : May 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 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 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 May 24, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on November 29, 2021 [ 3 ] Today, the Director recommends that measures be extended for a period of six months. [ 4 ] The parents and the child’s attorney agree with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and analysis [ 6 ] The child has continued to thrive while in the paternal grandfather’s care. The parents are supporting the grandfather. [ 7 ] The parents still reside with the paternal grandfather. They have yet to take any steps to receive formal support regarding their alcohol consumption issues. The parents reported being sober for the past three weeks.

When they were consuming, they had decreased their consumption since they returned to work. [ 8 ] During one visit between Y, Z and the parents, it was reported that the parents consumed alcohol and that the father became aggressive towards the mother.

The two girls had to be brought back to their foster family. [ 9 ] Due to the fragility of the home situation, at this point, the Director’s intervention remains necessary. [ 10 ] The Director’s request to reintegrate the child to the parents’ care “ when they show improvement from addressing their issues ” constitute a delegation of responsibili-ties that is not provided within the Youth Protection Act . The child’s reintegration will have to

follow the prescriptions of the

Article 62.1 of the Youth Protection Act .

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for revision; [ 12 ] DECLARES that the security or the development of the child is still endangered; [ 13 ] REVISES the order rendered on November 29, 2021 by the Honourable Lucie Godin; [ 14 ] ORDERS that the child remain entrusted to the paternal grandfather; [ 15 ] RECOMMENDS that the parents seek professional help for their issues and substance use; [ 16 ] ORDERS that the parents collaborate with the Director of Youth Protection and report regularly about their progress and situation; [ 17 ] AUTHORIZES that the Director obtain information from services providers of the parents regarding their progress and attendance to programs; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 19 ] THE WHOLE for a period of six months; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 24, 2022