2022 QCCQ 13932, 2022 QCCQ 13932

Protection de la jeunesse — 224816 2022 QCCQ 13932 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000842-221 DATE : May 26, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 26, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of neglect, of serious risk of neglect and of psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of 9 months. [ 4 ] The mother agrees with the Director’s plan but asks that X be transferred to her care once she reach half of her program at [Center A]. [ 5 ] The father agrees with the Director’s recommendations. [ 6 ] The child’s attorney supports the mother’s position.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 8 ] From January 2019 to March 2021, the child’s situation was followed by the Director and the Court of Quebec with regards to issues of neglect. In March 2021, the Director closed the file. [ 9 ] On July 26, 2021, the Director received a signalement regarding the child’s situation. It was alleged that the mother was intoxicated and dropped off her two children with the paternal grandfather. The children were eventually brought to the maternal aunt’s place.

Once the parents were met at the Director’s office, the children were returned to their care.

[ 10 ] The family home had a strong smell of mold. The mother took steps with the Housing Department. [ 11 ] On July 28, 2021, the parents signed a provisional agreement. [ 12 ] On September 1, 2021, immediate protective measures were invoked and the child had to be placed as the parents left the house to consumed alcohol. On that day, they chose a babysitter who had consumed alcohol. Following placement, it was observed that both children had lice.

Their clothes had to be thrown away. [ 13 ] On October 20, 2021, the parents signed a Voluntary Measures Agreement whereby the child was placed in a foster family until April 2, 2022.

Within this agreement, the parents recognized the following facts: • The parents were drinking in the presence of their child; • The child was left with a babysitter who had consumed alcohol with the parents; • The mother made suicide attempt by taking pills; • The parents had dispute and alcohol was involved. [ 14 ] The parents maintained regular visits with the child. [ 15 ] The parents have continued to consume alcohol. [ 16 ] In February, 2022, the police had to intervene in the family home regarding conjugal violence.

At the time, both parents were intoxicated. [ 17 ] The mother reports being followed by a psychologist at the [Center B]. [ 18 ] The father took some steps to stabilize his situation. He received support from community program for grief. [ 19 ] On March 2022, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 20 ] At the end of April 2022, the mother gave birth to a son. The mother plans to enter the [Center A] mother/child Program.

Last week, she filed the request and is now waiting for a follow-up phone call. [ 21 ] The parents have not started to stabilize and address their alcohol consumption issues or conjugal violence. They are not in a position to resume care of their child. [ 22 ] The child has been thriving in the foster home of Mrs. C. She attends daycare. [ 23 ] At this point, neither parent is in a position to resume care of the child. They still need to stabilize their own situation before being able to take responsibility of the child on a full time basis.

The family situation appears to repeat itself over time. [ 24 ] During her testimony, the Director’s representative mentioned that she would support the mother’s plan for X to eventually integrate the [Center A] mother/child program. THEREFORE AND FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the application for protection; [ 26 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 ii, 38 b) 1 iii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 27 ] ORDERS that the child be placed in a foster home for a period of nine months; [ 28 ] AUTHORIZES that the child be entrusted to the mother’s care at the condition when she is halfway done in her program at [Center A] and that mother and child continue to reside within [Center A] or within a location approved by the Director of Youth Protection; [ 29 ] ORDERS that the frequency and modalities of contacts between the child and the parents be determined by the Director of Youth Protection, with supervision if deemed necessary; [ 30 ] ORDERS that the parents remain abstinent from alcohol during visits with the child; [ 31 ] RECOMMENDS that the parents take active steps to address their unresolved substance abuse issues and attend and complete a drug and alcohol substance program; [ 32 ] ORDERS that the parents undergo random drug testing when requested to do so by the Director of Youth Protection; [ 33 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family with regards to progress and attendance; [ 34 ] ORDERS that the parents collaborate with the Director, meet with the Youth Protection worker upon request and inform the worker of any change of coordinates; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family;

[ 36 ] THE WHOLE for a period of nine months; [ 37 ] 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 Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 26, 2022