2022 QCCQ 14283, 2022 QCCQ 14283

Protection de la jeunesse — 229045 2022 QCCQ 14283 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002583-216 DATE: June 6, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 [SOCIAL WORKER 1], Youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on April 21, 2021, regarding the adolescent X, born on [...], 2009.

At that date the Court declared the security and development endangered, entrusted the child to a rehabilitation centre and ordered that the child be gradually reintegrated under his mother’s care of as soon as the situation allows it, until February 28, 2022. [ 2 ] The DYP asks that the children remain with their mother with aid, counselling and assistance, for a period of 6 months. Position of the Parties [ 3 ] The mother is absent, but represented by Me Michaël Pereira.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] Despite being dully served, the father is absent and not represented. The Court proceeds in his absence. [ 5 ] The youth is absent, but represented by Me Cassandra Neptune. He agrees with the measures. [ 6 ] X is 12 ¾ years old, Y is 9 ¾ and Z is 3. The Court proceeds to a joint hearing for the 3 children.

History of the Situation [ 7 ] On February 25, 2021 , the Court entrusted X to a rehabilitation centre on provisional measures. [ 8 ] On April 21, 2021 , the situation of the child was submitted to the Court. Since May 2019, he receives services from the DYP under voluntary measures. Due to his important behavioural issues (inappropriate sexual behaviours and opposition), he was first entrusted to a foster family and in June 2020, in a rehabilitation centre.

During the summer 2020, the child was able to improve his behaviours, but he continued to have a lot of difficulty to open up mostly about his biological father who sexually abused him. In February 2021, a psychological evaluation was performed. The mother was 15 years old when the child was born. The mother and her spouse used unreasonable educative methods. The mother is in relation with Mr. C for 5 years. They have a child together. Mr. C works as a hunting guide, and he was also working for the school and the municipality.

The mother offered a very poor collaboration to the follow-up except with the community worker. The Court declared that the security and development of the child were endangered [1] , entrusted the youth to a rehabilitation centre and ordered that he be reintegrated under his mother’s care as soon as possible, the whole until February 28, 2022. [ 9 ] On February 25, 2021 , the court entrusted the youth to a rehabilitation centre under provisional measures and authorized a reintegration as soon as possible.

Facts and Analysis [ 10 ] As ordered, X remained at the Group Home A. He attended school regularly and except some events, he was doing very well at the Group Home. [ 11 ] The situation which required intervention from the educators were generally due to cancellation of home visits. Indeed, the pandemic situation in the Town A brought a lot of travelling restrictions and X was very disappointed. He missed his family a lot. [ 12 ] On February 17, 2022, the Unit Manager informed that DYP worker that X would be ready for the reintegration.

At that moment, the restrictions became less important and home visits were organized more frequently. Nothing wrong was reported during those contacts. The reintegration had been completed on April 9, 2022. [ 13 ] The school year being quite finish, X did not attend school in Town B, but the mother took steps to register him for the next school year. [ 14 ] The mother improve her collaboration more and more during this measure. The new DYP worker was able to establish a good relationship with her.

She also reduced her alcohol consumption and developed her parental capacities. [ 15 ] On January 21, 2022, a conjugal event happened while both parents were intoxicated. That was the first conjugal violent event since 2019. Y was present and was assaulted by his father. Despite her intoxication the mother was able to be protective toward her children. The mother left the house and pressed charges.

The father has the condition not to be in contact and not to live there. [ 16 ] Since that event, the mother got separated and applied for her own house. [ 17 ] The father continues to be uninvolved in the children’s lives.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the adolescent X, born on [...], 2009, are still endangered; [ 20 ] ORDERS that the youth remain with the mother; [ 21 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 22 ] ORDERS that the youth and the parents take an active

part in the application of the measures ordered by the Court; [ 23 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the youth; [ 24 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the youth and the family; [ 25 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE until December 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Michaël Pereira, attorney for the mother Date of hearing: June 6, 2022