2022 QCCQ 11701, 2022 QCCQ 11701

Protection de la jeunesse — 226831 2022 QCCQ 11701 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002357-199 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, 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 [...], 2007 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVISION (First paragraph of

section 95 Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 applied under s. 95 of the Youth Protection Act for the review of a decision rendered on August 31, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At that time, she entrusted X, born on [...], 2007, to her parents. [ 2 ] The youth was not present at the hearing, but she was represented by counsel. The parents also were not present, but they were each represented by counsel. Facts: [ 3 ] Through her counsel, the mother made the following admissions. • the parents still display alcohol consumption; • on February 17, 2022, the police received a call stating that the mother was being violent towards the youth’s sibling Y.. When the police arrived on the premises, Y was crying and had a bruise on her cheek.

The mother was arrested for assault and brought to the police station for the night. The next morning, the mother was released with conditions not to harass, molest or threaten the youth’s sibling Y; • Youth Protection took an immediate protective measure and entrusted X to a kinship foster family. [ 4 ] Counsel for the father made the following admissions for his client: • the parents still display alcohol consumption; • Youth Protection met with X, who disclosed that she was tired of seeing her parents drink alcohol every day.

According to the youth, the father is regularly verbally abusive toward her; • later that same day, Youth Protection visited the family house and observed that several adults, including the parents, were intoxicated in the presence of the youth;

• Youth Protection took an immediate protective measure and entrusted the youth to a kinship foster family. [ 5 ] Both parents agree that the security and development of X are in danger under

section 38(b)(1)(iii), (

c) and (e)(1) of the Youth Protection Act . [1] They also agree with the measures suggested by the Director of Youth Protection. FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the application; [ 7 ] REVIEWS the decision rendered on August 31, 2021; [ 8 ] DECLARES that the security and the development of X, born on [...], 2007, are still in danger under

section 38 (b)(1)(iii), (

c) and (e)(1) of the Youth Protection Act ; [2] [ 9 ] ENTRUSTS the youth to a foster family, chosen by the institution operating a child and youth protection centre; [ 10 ] ORDERS that the youth be gradually reintegrated under the care of the parents as soon as the situation allows; [ 11 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 12 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 13 ] 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; [ 14 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and the youth’s family; [ 15 ] ORDERS the execution of this decision by any peace officer; [ 16 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 17 ] THE WHOLE, until November 30, 2023 . __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the mother Mtre Michaël Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the father Date of hearing: November 11, 2022