2022 QCCQ 13938, 2022 QCCQ 13938

Protection de la jeunesse — 224820 2022 QCCQ 13938 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000851-222 DATE : May 27, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2013 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 27, 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, neglect with regards to supervision and psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted in a foster family for a period of six months and that support measures be ordered for a period of nine months. [ 4 ] At first the parents wanted the children to be returned to their care.

They understand that they still need to take steps to stabilize their own situation and agreed with the Director’s plan. They expect to be accepted in the A Treatment Program. [ 5 ] The child’s attorney agreed with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child/adolescent’s best interest and are they respecting his rights?

Context and analysis [ 7 ] From April 18, 2018 to December 16, 2020, the situation of the family was followed by the Director and by the Court with regards to neglect, serious risk of neglect and psychological ill-treatment. [ 8 ] On March 24, 2022, the police had to intervene at the family home. At the time of the intervention, both parents were intoxicated and the children were in the home. Y and Z tried to intervene and stop the fighting. The father was arrested for conjugal violence.

Immediate protective measures were invoked and the children were removed from the family home. [ 9 ] On April 4, 2022, the Tribunal entrusted the child to a foster family on a provisional basis.

[ 10 ] The child Z mentioned that the parents often yell at each other and fight. They also drink alcohol. Z is not attending school. Instead, she is helping with the care of her younger siblings. [ 11 ] The child witnessed his parents’ fight on March 24, 2022. He reported that his brother Y and sister Z tried to stop the fighting. He mentioned that approximately twice per month his parents would be drinking and yelling at each other. [ 12 ] The mother reported that she usually drinks alcohol or consumes marijuana when the children are asleep in their rooms.

She mentioned that she would be willing to attend treatment if it was the only way to have the children return to her care. She is waiting to be accepted in the A treatment centre. [ 13 ] The father acknowledged that both parents consume alcohol, marijuana and cocaine together. He reported drinking approximately twice per month to deal with grieving of his mother’s passing away. He mentioned usually drinking when his children are asleep.

He also wishes to attend the A treatment centre. [ 14 ] The parents’ collaboration with the Director has not always been regular. [ 15 ] The mother wishes to maintain contact with the three younger children at least once per week, including a sleepover. The Youth Protection worker mentioned that this was possible. [ 16 ] At the present time, the parents are not in a position where they can resume the care of the children. The Tribunal hopes that they will mobilize themselves and attend their rehabilitation program.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii, 38 b) 2 and 38

c) of the Youth Protection Act ); [ 19 ] ORDERS that the child remain in foster family for a period of six months; [ 20 ] RECOMMENDS that the parents attend and complete a substance abuse treatment program; [ 21 ] ORDERS that the frequency and modality of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that a visitation

schedule be made as soon as possible; [ 23 ] ORDERS that the parents collaborate with the Youth Protection worker in creating this schedule; [ 24 ] ORDERS that the parents ensure that they do not expose the child to violence and/or individuals under the influence of intoxicating substances; [ 25 ] ORDERS that the parents collaborate with the Director of Youth Protection in order to obtain the child’s medical cards; [ 26 ] ORDERS that the child receive all medical services required by his situation; [ 27 ] ORDERS that the parents undergo random drug testing at the request of the Youth Protection worker; [ 28 ] ORDERS that the parents fully collaborate with the Director of Youth Protection, meet with the worker upon request and inform the worker of any changes in their personal circumstances; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family with regards to progress and attendance; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 31 ] THE WHOLE for a period of nine months; [ 32 ] 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 mother Mtre Justine Bergeron Counsel for the father Date of hearing: May 27, 2022