2023 QCCQ 2542, 2023 QCCQ 2542

Protection de la jeunesse — 23906 2023 QCCQ 2542 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001019-204 DATE: February 7, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2009 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submits an application to the Court asking that the youth be entrusted to the kinship foster family of her sister, C, until she reaches the age of majority. [ 2 ] The Court must decide if the security and development of the youth are still in danger and, if so, if it is in her interest to be entrusted to her older sister, Ms. C, on a permanent basis. THE EVIDENCE [ 3 ] The Director has been involved in the youth’s family since 2005.

They received services between 2005 and 2008. Subsequently, they were under voluntary measures between 2008 and 2009 and from June 2015 to February 2016. [ 4 ] In September 2018, the Director received and accepted a report concerning the child X for physical abuse, neglect in terms of physical needs with respect to food, and serious risk of neglect due to substance abuse by both parents. [ 5 ] The parents agreed to sign an agreement on voluntary measures on December 21, 2018. The child was entrusted to her mother. [ 6 ] On May 8, 2020, Judge Lucille Beauchemin ordered that the youth be entrusted to her sister C.

The parents continued to have alcohol and conjugal issues. On March 11, 2021, and April 21, 2022, the Court extended the protection measures and maintained the youth with her sister along with other measures to help the child and the family. [ 7 ] The mother was present and represented by Mtre Ève Laoun. She agrees with the measures proposed and wishes to have her daughter under her care, if her situation improves.

She acknowledges her daughter’s well-being under the care of her older sister C. [ 8 ] The father was served but he was absent from the hearing. [ 9 ] The adolescent is represented by Mtre Corinne Jacquet. She agrees with being entrusted to her sister until she reaches the age of majority. [ 10 ] Since the beginning of the current revision period, the parents have remained together as a couple. They have had an unstable

relationship with conjugal violence. On May 10, 2022, the parents were intoxicated at their residence and the father became aggressive and threatened to punch the mother in the face. [ 11 ] The parents do not cooperate with the Director. They do not report to the Director to inform him of their current situation, and they do not respond to attempts to contact them by visiting their residence or calling them through the local FM radio. The parents are still struggling with their own personal problems. [ 12 ] During the previous revision period, a sleepover was scheduled for twice a month but the adolescent apparently cancelled the

schedule at her own request. She sees her parents in the community and at family events. Ms. C ensures that the parents are sober and the contacts are positive. [ 13 ] Ms. C confirms that her sister X is part of her family. She is willing to provide her with a safe and stable environment until she reaches the age of majority. [ 14 ] The adolescent should continue to develop in an environment free from violence and excessive drinking.

The Director has been involved in her situation for four years now, and the situation has not consistently improved. [ 15 ] The Court concludes that the security and development of the adolescent are still endangered. Consequently, it is in the interest of the adolescent that she be entrusted to her sister to ensure her stable living conditions in a safe and stable environment. FOR ALL THE ABOVE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] REVISES the decision rendered on April 21, 2022; [ 18 ] DECLARES that the security and development of X, born on [...], 2009, are still endangered under

section 38 (b)(2), (c), (e)(1) and (d)2 of the Youth Protection Act ; [ 19 ] ORDERS that the youth be entrusted to C until she reaches the age of majority; [ 20 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 21 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the youth’s parents ensure that the child not come into contact with Mr. D; [ 23 ] ORDERS that the youth have no contact with Mr.

D; [ 24 ] ORDERS that the parents remain sober in the presence of the youth; [ 25 ] ORDERS that the parents refrain from any kind of violence in the presence of the youth; [ 26 ] RECOMMENDS that the parents seek help for their substance abuse and personal issues through social services or another resource deemed appropriate; [ 27 ] ORDERS that the terms, frequency, and degree of supervision of contact between the youth and the parents be determined by the Director of Youth Protection; [ 28 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the parents’ residence when the youth is present ; [ 29 ] ORDERS that the police collaborate with the execution of the judgment; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the youth and the youth’s family; [ 31 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of this order; [ 32 ] THE WHOLE until February 16, 2027.

Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Corine Jacquet For the adolescent Mtre Camille Striganuk For the applicant Mtre Ève Laoun For the mother Date of hearing: February 7, 2023