2023 QCCQ 2553, 2023 QCCQ 2553

Protection de la jeunesse — 23922 2023 QCCQ 2553 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-002879-226 DATE: February 9, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, 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 [...], 2017 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (the Director) submits an application for protection for the child X, born on [...], 2017. [ 2 ] The Director asks that the security and development of the child be declared endangered under

section 38(b)(1)(iii) of the Youth Protection Act . alleging poor supervision of the child in the parental environment. He also submits that the child is subject to psychological ill-treatment by the mother under

section 38(

c) of the Youth Protection Act because she denigrates her when she is under the influence of alcohol. [ 3 ] The parents have been served and were duly informed but were absent from the hearing. The applicant took some steps to ensure the parents’ attendance at the hearing, but was unsuccessful. She went to their residence twice, and they were not there. [ 4 ] The child is represented by Mtre Mathias Czor on a legal mandate. [ 5 ] The child has been entrusted to a family member since May 21, 2021. An agreement on voluntary measures was in force from June 18, 2021, until June 18, 2022.

The following measures were applied: − The child was to be entrusted to a foster family, with a possible return as soon as the situation allows it; − The parents were to report periodically to the director on the measures they apply in their own regard to put an end to the situation; − A person working for an institution or body was to provide aid, counselling or assistance to the child and her parents; − The terms, frequency, and degree of supervision of contact between the child and the parents were to be determined by an agreement between the parties; [ 6 ] The parents signed another agreement on voluntary measures on June 14, 2022, and June 21, 2022.

The parents admitted the existence of a situation endangering the security and development of the child. They recognized the following facts: *38 b) 1 iii Educational Negligence (poor supervision in the parental environment; Inappropriate parental attitides in the parental environment) and 38

c) Psychological ill-treatment (Denigration by the mother). − The vulnerability of the child is elevated due to her young age;

− The mother is still struggling with alcohol consumption difficulties; − Although the mother has sought help regarding her alcohol consumption issues, she has not maintained a constant presence in her meetings and has shown difficulty with regards to the transfer of knowledge obtained from the addiction worker; − Since the incarceration at the St-Jerome detention center on May 17, 2021, the father has not reached out to the DYP concerning the well-being of his daughter; − It remains unknown if the father has sought help regarding his alcohol consumption issues; (exact reproduction) [ 7 ] This agreement was for a period of six months between June 17, 2022, to December 16, 2022.

All the parties agreed to the following measures: − That the child remains in foster care with the possibility of reintegration with her mother if the situation allows it; − That the parents report in person to the Director of Youth Protection to inform her or the current situation; − That the parents take an active

part in the application of the measures; − That the parents seek help for her substance abuse and personal difficulties namely with social services; − That a person working for an institution or body provides aid, counselling and assistance to the child and the family; (exact reproduction) [ 8 ] On August 17, 2020, a report was accepted under

section 38(d) (sexual abuse by the father). The evaluation concluded that the facts were founded and the child’s security and development were in danger. The report was closed at the orientation stage on January 20, 2021, following a final intervention. The father was in detention for sexual abuse of the child in July 2020. [ 9 ] At the hearing, the evidence showed that the father is no longer detained and he currently lives with the mother. The applicant was informed of this situation by the testimony of the foster mother, Ms. C.

The father’s presence at the mother’s residence raised some concerns regarding the safety of the child during home visits. [ 10 ] The Court deplores the fact that a final intervention took place on January 20, 2021, for the report of sexual abuse accepted under

section 38(

d) of the Youth Protection Act . The Court was not seized of that fact and no evidence was provided on that matter, even though the child’s father returned to the same community as the child and lives with the mother. It is possible that the father is still under criminal conditions prohibiting him from being in contact with the child. This situation is particularly worrisome, and the Director should take all necessary steps to protect the child.

The Court strongly recommends that the Director immediately take steps to assess the situation and be sure that the child will not be in contact with the father, except under supervision. [ 11 ] Currently, the child is under the care of Ms. C, who has developed a strong bond with the child. She thinks of her as a daughter. The child has been under her care for the last 21 months. She would like to keep caring for the child until she reaches the age of majority. Ms. C organized contact between the child and the mother.

She ensured that the mother was sober and that the child was safe. [ 12 ] The parents have a history of conjugal violence and substance abuse. [ 13 ] The father was detained and has not been involved in the child’s life. [ 14 ] The mother has not taken any steps to address her issues. In September 2022, she expressed the wish to attend the [Program A of the organism A] , but did not take steps to register despite all the information that was provided to her. [ 15 ] The applicant helped the mother receive services with an addiction program worker.

She missed the meetings and did not follow the program. [ 16 ] The mother's cooperation is poor in particular because she is very difficult to reach. Despite 12 attempts to reach her, the applicant managed to contact her only 3 times. [ 17 ] On two occasions, the mother was intoxicated by alcohol when she was visited at her home.

The youth protection worker left four letters at the door to her home and she never answered those requests. [ 18 ] Since the last agreement on voluntary measures, nothing has changed in the parent’s situation. [ 19 ] The parents admit they did not provide an adequate supervision to the child in the parental environment. The mother, for her part, recognizes she is inappropriate when intoxicated and denigrates the child. The mother is struggling with alcohol consumption problems. [ 20 ] The evidence shows that the security and development of the child are in danger under

section 38(b)(1)(iii) and (

c) of the Youth Protection Act .

[ 21 ] The child has evolved very well in the foster family of Ms. C. She has been placed with her for 21 months. The maximum placement period of 18 months under

section 91.1(

b) of the Youth Protection Act has been reached. This period permits the parents to make necessary changes in their lives. When the period expires, the Court must determine a long-term measure to provide a safe, stable, and loving environment for the child. She has the right to have a permanent plan. [ 22 ] The Court concludes that it is in the interest of the child to be entrusted to the foster family of Ms. C until she reaches the age of majority. FOR ALL THE ABOVE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of X, born on [...], 2017, are endangered in under

section 38(b)(1)(iii) and (

c) of the Youth Protection Act ; [ 25 ] ENTRUSTS the child to the foster family of Ms. C until she reaches the age of majority; [ 26 ] ORDERS that the child and the child's parents take an active

part in the application of any of the measures ordered by the Court; [ 27 ] ORDERS that the child and the child's parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the parents seek help for their alcohol, drug, and personal issues through social services; [ 29 ] ORDERS that the terms, frequency, and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection; [ 30 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents if they cannot be reached to give their authorization, and granted to Ms.

C, namely those regarding health, school, extracurricular activities, travel, and passport; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child and the child’s family until she reaches the age of majority; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection, who shall then see that the measures are carried out; [ 33 ] THE WHOLE until February 26, 2035. Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Mathias Czor For the child Mtre Adèle Cyr For the applicant Date of hearing: February 9, 2023