2020 QCCQ 8221, 2020 QCCQ 8221

Protection de la jeunesse — 202132 2020 QCCQ 8221 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 001011-201 DATE: January 30, 2020 ______________________________________________________________________ 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 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 January 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a situation of serious risk of neglect exists and a situation of neglect on the physical plan exists. [ 3 ] The Director also alleges that the parents have neglected to ensure that the child receives the appropriate health care. [ 4 ] Today, the Director recommends that the child remain entrusted to the parents’ care and that diverse support measures be ordered until January 2021. [ 5 ] The mother agrees with the Director’s plan except with regards to the withdrawal of the exercise of her parental authority. [ 6 ] The father and the child’s attorney agree with the Director’s plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The child’s situation has been followed by the Director of Youth Protection from September 2018 until September 2019 under a voluntary measure agreement. In September 2019, the Director decided to close the file. [ 9 ] The family house is often dirty with food and clothes on the floor. The residence is not appropriately furnished in terms of storage. There is a lack of appropriate food for the child. [ 10 ] The parents struggle with alcohol consumption issues.

They have not taken any steps to address this issue. The father does not consider his alcohol consumption as problematic but he expressed his wish to “slow down” his alcohol intake. The mother reported that usually, she drinks every day. She also wants to “slow down” on her alcohol consumption as she believes it is a problem in her life. [ 11 ] On November 15, 2019, the child and two of his siblings were left home unsupervised during lunchtime.

[ 12 ] During that time, the mother was intoxicated by alcohol and wandering in the community. When the Youth Protection worker and the police reached the house, the father was sleeping and could not be awakened.

The police reports that there was a strong smell of alcohol in the house. [ 13 ] During a meeting with the Youth Protection worker on November 19, 2019, the father reported “ that they do not always have a babysitter to take care of the children ”. [ 14 ] On November 20, 2019, Y and Z stayed at a cousin’s home, while C went to his grandmother’s place as his parents were drinking. [ 15 ] On November 21, 2019, the mother reported that she was not interested in participating in a treatment at A Centre in Town A. [ 16 ] On November 21, 2019, the mother was also reminded that Z’s 18 months follow-up was due in March 2019.

She blamed the nursing for not telling her. She refused to go on that day and mentioned she would go the next day. [ 17 ] On November 21, 2019, C reported that when his parents are drinking, he usually goes with X and Y to the grandparents’ house. Z usually stays home. [ 18 ] The parents have not taken the necessary steps for the child to receive proper dental care. The child has cavities that are have not been treated. [ 19 ] The child is attending kindergarten on a regular basis.

He is doing well in class. [ 20 ] The parents do not understand the seriousness of the situation and the impact of their personal issues on the child. When they are sober, they provide with adequate care for the child. When they are intoxicated, they are not able to provide the necessary supervision and respond to the child’s needs. Despite past interventions from the Director, the problematic situation remains essentially the same. [ 21 ] The Director was reassured by the Youth Protection worker’s testimony. She has observed an improvement in the family’s situation.

The mother went to the nursing for Z and she went to the dentist in November for the other children. The father mentioned that he is open to participate in a treatment at the Healing Centre. [ 22 ] During her testimony, the worker recognized that it was not necessary, at this point, to withdraw from the parents the exercise of their parental authority. [ 23 ] The Director’s intervention is clearly necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2, 38 b) 1 i and 38 b) 1 ii of the Youth Protection Act ); [ 26 ] ORDERS that the child remain entrusted to his parents’ care; [ 27 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation of compromission; [ 28 ] ORDERS that the parents take an active

part in the application of any of the measures ordered; [ 29 ] ORDERS that the parents remain sober in the presence of the child; [ 30 ] ORDERS that the parents ensure that the child receive health services required by his situation, including a proper dentist follow-up; [ 31 ] RECOMMENDS that the parents seek help through the Social Services or another resource for their alcohol and personal issues; [ 32 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits in the family home; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 34 ] THE WHOLE until January 31, 2021; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mtre Kelly Ann Sinnett Counsel for the mother Mtre Angele Tommasel Counsel for the father Date of hearing: January 30, 2020