2022 QCCQ 13886, 2022 QCCQ 13886

Protection de la jeunesse — 224781 2022 QCCQ 13886 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000185-175 DATE : May 24, 2022 ______________________________________________________________________ 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 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 Denyse Leduc on July 26, 2021. [ 3 ] On April 11, 2022, the Tribunal maintained the child under the father’s care and ordered provisional support measures. [ 4 ] Today, the Director recommends that the child remain entrusted to the father’s care and that diverse support measures be ordered for a period of nine months. [ 5 ] The parents are in agreement with the Director’s plan. [ 6 ] The child’s attorney is also agreeing with the recommendations.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 8 ] The child has continued to thrive while under the father’s care. They continued to reside in the paternal grandparents’ home. [ 9 ] The father has not sought services for his personal issues and alcohol abuse. He drinks alcohol on an occasional basis, never in the child’s presence. [ 10 ] The mother has not yet taken any formal steps to address her alcohol consumption issues. She is able to control her alcohol intake.

At this point, the mother does not have her own home. She had to move from home to home. She made a request to have her own place at the housing department. She maintained regular contacts with the child visiting at the grandparents’ house.

[ 11 ] Both parents actively collaborated with the Director. They came to the Director’s office when invited to do so. They were able to communicate with each other with regards to the child. [ 12 ] The child has been attending school on a regular basis. [ 13 ] The adolescent has been followed by a social worker on staff at [Center A]. [ 14 ] Considering the parents’ longstanding history of alcohol consumption, their situation is fragile and the Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES the order rendered on July 26, 2021 by the Honourable Denyse Leduc; [ 18 ] ORDERS that the child be entrusted to the father; [ 19 ] ORDERS that the child attend school on a regular basis; [ 20 ] ORDERS that the parents ensure that adolescent receive the necessary medical care (psychological, therapy) required by her situation and attend all required appointment; [ 21 ] ORDERS that the visits between the child and the mother be under modalities agreed upon by all parties; [ 22 ] RECOMMEND S that the mother receive services regarding her substance abuse; [ 23 ] TAKES ACT that the father has not yet received services regarding his substance abuse; [ 24 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of drugs or alcohol and any form of violence; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 26 ] THE WHOLE for a period of nine months; [ 27 ] 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 Justine Bergeron Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: May 24, 2022