2022 QCCQ 12451, 2022 QCCQ 12451

Protection de la jeunesse — 227404 2022 QCCQ 12451 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000844-227 DATE: November 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2020 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 November 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 September 8, 2022. [ 3 ] Today, the Director recommends that the child be placed in a foster home for a period of nine months and that support measures be ordered for the coming year. [ 4 ] The mother was absent and did not provide information regarding her absence. [ 5 ] The same situation happened for the father. [ 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 15, 2022, seven days following the last Court hearing, the social emergency worker went to the family home around 10:45 a.m. and found the mother and a friend intoxicated. The child and siblings were home. The house was in a state of disarray.

There was little food in the house. [ 9 ] During a meeting with the Youth Protection worker, the mother reported that she was very stressed out caring for the child alone. [ 10 ] Immediate protective measures were invoked, and the child was entrusted to his previous foster family.

[ 11 ] The mother maintained minimal collaboration with the Youth Protection worker. She did not show up to several of the scheduled meetings. The mother mentioned that she found employment, but this could not be confirmed to the Youth Protection worker.

The mother reported that for this reason, she could not attend a treatment program at this point. [ 12 ] On November 3, 2022, it was reported that the mother was drinking and that she missed her scheduled visits with her child. [ 13 ] Y reported that he sees his mother intoxicated in the home. [ 14 ] At the beginning of November 2022, the Director was informed that Z would have to be transferred to a different resource as his foster parents were only willing to keep Y. [ 15 ] The father is working in Town A. He has seen his child on two occasions. These visits were positive for the child.

He reported being on a waiting list to receive treatment. [ 16 ] Neither parent can care for the child. The parents’ issues with alcohol and violence have been ongoing for years. They need to resolve their issues and stabilize their own situation before thinking about caring for the child. At this point, the Director did not present preponderant evidence to support a reintegration prior to the delay already mentioned in the Law.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the child is still endangered; [ 19 ] REVISES the order rendered on September 8, 2022 by the Honourable Lucie Godin; [ 20 ] ORDERS that the child be entrusted to a foster family for a period of nine months; [ 21 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection and with supervision of a third party if deemed necessary; [ 22 ] RECOMMENDS that the parents complete a drug and alcohol treatment program and maintain their sobriety; [ 23 ] RECOMMENDS that the parents undergo random drug testing upon the request of the worker; [ 24 ] ORDERS that the parents ensure that the child is not exposed to any forms of violence and/or any verbal aggression during visits; [ 25 ] ORDERS that the parents remain sober and not be under the influence of any mood-altering substances in the presence of the child at all times; [ 26 ] ORDERS that the parents collaborate actively with the Youth Protection worker and meet the worker upon request; [ 27 ] ORDERS the parents to advise the Director of Youth Protection of any change of address or phone numbers; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all services providers working with the child and the family as per progress and attendance; [ 29 ] ORDERS that any peace officer collaborate in the execution of the present Court order if requested by the Director of Youth Protection and its representatives; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 31 ] THE WHOLE for a period of one year; [ 32 ] ENTRUSTS the situation of X to the Director of Youth 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 Date of hearing: November 24, 2022