2022 QCCQ 12482, 2022 QCCQ 12482

Protection de la jeunesse — 227435 2022 QCCQ 12482 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000931-222 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of serious risk of neglect and psychological ill-treatment. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures be put in place for one year. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] The parents have a longstanding history of alcohol abuse. [ 7 ] The mother admits consuming alcohol. She also mentioned that the father was sober for two months during the summer but that he relapsed to binge drinking. When they are both drunk, they tend to argue and sometimes get into a physical fight.

The child has often witnessed her parents’ fighting. [ 8 ] Sequin reported that her parents often drink and that she would then care for her younger siblings. [ 9 ] The child is in grade 6. She recognized that her parents often drink and argue in the house in her presence. When her parents are drinking, she goes to her maternal grandparents’ place or to a friend’s place. [ 10 ] The parents are currently having marital problems. Since October 2022, they are living apart. The mother is in Town A while

the father is in Town B. [ 11 ] Since then, the child and her sister have resided with the mother. They have been doing well. THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for protection; [ 13 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

c) of the Youth Protection Act ); [ 14 ] ORDERS that the child be entrusted to her mother’s care at the exclusion of her father; [ 15 ] ORDERS that frequency and modality of contacts between the child and her father be determined by the Director of Youth Protection; [ 16 ] ORDERS that the parents take active steps to address their substance abuse issues (treatment program and relapse prevention); [ 17 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of drugs and/or alcohol; [ 18 ] ORDERS that the parents ensure that the child is not exposed to any form of violence; [ 19 ] AUTHORIZES the Director of Youth Protection to release and obtain information from service providers involved with the family regarding progress and attendance; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 21 ] THE WHOLE for a period of one year; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection 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 Mtre Justine Bergeron Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: November 23, 2022