2021 QCCQ 10903, 2021 QCCQ 10903

Protection de la jeunesse — 216104 2021 QCCQ 10903 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000975-190 DATE: June 7, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2015 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 11.2, 11.2.1 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 June 7, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on May 4, 2020. [ 3 ] Today, the Director recommends that the child be entrusted to a foster family, namely the one of Mrs. C and that support measures be ordered until March 31, 2022. [ 4 ] The mother agrees with the Director’s plan. Her period in detention was difficult for her.

She would like to progressively recreate her relationship with the child. She would like to see her every week and eventually wants the child back in her care. She’s willing to collaborate with the Director and remain transparent. [ 5 ] The child’s attorney also agrees with the Director’s recommendations. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child has continued to thrive under the care of her paternal aunt, Mrs.

C. [ 8 ] Since the mother’s release from detention, she has only seen the child once on April 29, 2021, the day she arrived in the community. She has not reached out to the Director and missed scheduled appointments with the Youth Protection worker. During her testimony, she explained that she went camping instead of meeting with the Youth Protection worker as scheduled. On May 5, 2021, the paternal aunt called the mother in order for the child to be able to speak with her. [ 9 ] The mother has not yet taken any formal steps to receive support from the Social Services or another organization.

[ 10 ] On April 11, 2021, the police had to intervene as the father physically assaulted his partner while in presence of their younger daughter. The father was intoxicated by alcohol at the time. [ 11 ] On April 18, 2021, the father made threats to physically harm his partner while they were with their younger daughter. The father was under the influence of alcohol. [ 12 ] On May 1, 2021, the father assaulted his partner and made death threats to her.

During this event, the father was intoxicated. [ 13 ] On May 2, 2021, the father made death threats towards his partner and physically assaulted her. [ 14 ] On May 5, 2021, the police had to intervene as it was reported that the father was not complying with his Court conditions not to communicate with his partner. [ 15 ] On May 8, 2021, the police intervene and found the father under the influence of alcohol. This constituted a failure to comply with his Court order condition. [ 16 ] Since May 8, 2021, the father has been detained. [ 17 ] No concrete plan of reintegration was presented in evidence.

The mother still prioritized her own needs (camping) over the child’s. She will need to actively and fully participate in the support measures and change her priorities before the child can reintegrate her care. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for extension; [ 19 ] DECLARES that the security or the development of the chid is still endangered; [ 20 ] EXTENDS the order rendered by the Honourable Lucille Beauchemin on May 4, 2020; [ 21 ] ORDERS that the child be entrusted to a foster family, namely the one of Mrs.

C; [ 22 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 23 ] ORDERS that the parents take an active

part in the application of any of the measures ordered and fully collaborate with the Director of Youth Protection; [ 24 ] ORDERS that the parents remain sober in the presence of the child; [ 25 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 26 ] RECOMMENDS that the mother seeks formal help through the Social Services or another resource deemed appropriate for her substance abuse and personal issues; [ 27 ] RECOMMENDS that the father seek formal help through Social Services for his anger management and personal issues; [ 28 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 29 ] ORDERS that the contacts between the child and her parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, her family and her foster family; [ 31 ] THE WHOLE until March 31, 2022; [ 32 ] 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 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother

Date of hearing: June 7, 2021