2022 QCCQ 14411, 2022 QCCQ 14411

Protection de la jeunesse — 229069 2022 QCCQ 14411 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002742-218 DATE: April 12, 2022 (written judgment rendered on May 20, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) iii and (e) (1) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family for a period of 1 year. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered under

section 38 (b) (1) iii and she agrees with the measures. [ 4 ] The father is absent, but represented by Me Cassandra Neptune. He recognizes that the security and development of his child are endangered and he agrees with the measures. [ 5 ] The child is 2 ½ years old. She is absent, but represented by Me Michaël Pereira. After hearing the evidence, Me Pereira submits that the situation of the child should be declared endangered under

section 38 (b) (1) iii and that the measures suggested are in her best interest. Facts [ 6 ] The situation of the child was reported to the DYP on July 21, 2021. The parents were living at the paternal grandparents’ place. When the DYP worker arrived, the parents were both intoxicated and passed out in the presence of the child and her sibling. The grandparents appeared very concerned and committed to ensure the children’s safety. [ 7 ] The day after, the parents admitted their alcohol consumption.

The mother suggested moving from Town A to Town B, her home town to get the support of her relatives. [ 8 ] In August, the DYP was contacted again. The parents’ situation continued to degenerate. The mother did not move, and both parents continued to drink in the presence of their children despite the opposition of the grandparents.

But the grandparents did hesitate to call the DYP because they were feared that the children be entrusted to foster families. [ 9 ] The father was incarcerated in September until January 2022. [ 10 ] The situation continued like that with events where the child was found in the presence of her intoxicated mother. The DYP also received information that the mother would have been physically abusive toward the child on many occasions. The mother denied the facts, but mentioned to the DYP worker that it could have happened. No more evidence was provided to the Court considering that the

lady who had witnessed such events, refused to testify. [ 11 ] On November 9, 2021, the paternal grandmother informed the DYP that a day ago, the mother had tried to commit suicide and that she was brought up to the hospital, but discharged shortly after. The mother was still having suicidal thought that day and she had left the grandparents place with the child. [ 12 ] The paternal grandparents do their best to protect the child by themselves and hesitate to use the DYP service when needed to avoid any risk of placement.

The DYP reinsure the grandparents and, following immediate protective measures, entrusted the child under their care. She always lived there, she is very attached to them and there was no reason to entrust her somewhere else. [ 13 ] Following this placement, the mother totally refused to collaborate with the DYP and she did not exercise any contact with her daughter. She refused to seek help for her issues. She considered that the paternal grandparents were too old to take care of the child, but had nobody else to suggest.

The mother started a new conjugal relationship and moved out from the paternal grandparents’ place. [ 14 ] The DYP agrees that the father go back to live at his parents as long as no he does not consume alcohol in the presence of the child. His presence would be helpful for the grandparents. [ 15 ] The DYP worker would like to see the evolution of the situation about the parent’s relation.

Indeed, even if the mother has a new boyfriend she is not convinced that the parents’ relation is really ended. [ 16 ] Also, for her, the fact that the mother agrees today with the placement at the grandparents’ place is a positive aspect. Analysis [ 17 ] Due to the alcohol consumption of the parents, the child is at serious risk to be neglected. The parents recognized that fact which is a good start. [ 18 ] The evidence does not support the fact that the child would be a victim of physical abuse from her mother.

That being said, even if the mother did not admit it, she did not deny and the DYP received a few worrisome information. That information is hearsay, but as the mother recognized that it could have happened, the Court concluded to a risk for the child to be a victim of physical abuse. [ 19 ] The measures suggested and approved by the parents are in the best interest of the child. As mentioned, the grandparents are old and it will not be possible for them to commit on a long-term basis.

Doing so, the parents have to take serious and immediate steps to address their issues in the objective to be able to resume the care of their daughter as soon as possible. FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child X, born on [...], 2019, are endangered under paragraphs (b) (1) iii and (e) (2) of

section 38 of the Youth Protection Act ; [ 22 ] ENTRUSTS the child to her paternal grandparents and ENTRUSTS her as a foster family if they are accredited as such; [ 23 ] ORDERS that the child be gradually reintegrated under the care of the parents as soon as the situation allows it; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 25 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 27 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues; [ 28 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 29 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 30 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of 1 year. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child

Me Angèle Tommasel, attorney for the mother Me Cassandra Neptune, attorney for the father Date of hearing: April 12, 2022