2022 QCCQ 14537, 2022 QCCQ 14537

Protection de la jeunesse — 229018 2022 QCCQ 14537 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002271-192 DATE: August 9, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2017 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on July 13, 2021, regarding the child X, born on [...], 2017. At that date the Court declared the security and development still endangered and entrusted the child under the care of the grandmother Ms. C, for a period of 6 months. [ 2 ] The DYP submits that the situation allows to return the child to his parents and asks that the child be entrusted to them, until May 31, 2023.

Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The father is absent, but Me Angèle Tommasel act as amicus curiae for him. He recognizes that the security and development of his child are still endangered and he agrees with the measures. [ 5 ] The child is 5 and a half years old. He is absent, but represented by Me Cassandra Neptune.

After taking acknowledge of the evidence and of the position of the parents, Me Neptune submits that the situation of the child continues to be endangered and that the suggested measures are in his best interest. History of the Situation [ 6 ] On July 4, 2019 , the situation of the child was submitted to the Court. He was 2 and a half years old. The situation of the family was known from the DYP for a few years, the oldest sibling of the child being entrusted to a foster family until the majority.

Since 2017, the child is the object of voluntary measures and had been maintained with his parents with regular emergency placement due to the parents’ alcohol consumption and conjugal violence issues. The situation degenerated to the point where the father had been detained for conjugal violence and the mother hospitalized for suicidal ideation. In March 2019, the mother shows great mobilization and sought help for her issues. The father also succeeds a therapeutic program in detention. The child was in foster family since March 2019.

The Court declared that the security and development of the child were endangered and entrusted him to a foster family for a period of 3 months and reintegrated with the mother right after, with services until June 30, 2020. [ 7 ] On November 28, 2019 , the Court revised the situation. The reintegration had not been possible, but was planned to be done shortly. The Court maintained the child in a foster family with a possibility of reintegration with the parents with different services until November 8, 2020. [ 8 ] On May 29, 2020 , the Court revised the situation.

Since the last decision, the parents made progress, but the father still

displayed alcohol consumption issues and the mother was still having mental health issues. Despite that, they offered a very good collaboration to the services. The child remained entrusted to his paternal grandmother on the Cree side of Town A. The child was developing well and was very attached to his parents and his paternal grandmother. The Court maintained the child with his paternal grandparents and authorized a reintegration with the parents as soon as the situation allows it, the whole until June 30, 2021. [ 9 ] On July 13, 2021 , the Court revise the situation.

The mother participated to a regular follow-up with the Social Services for her personal issues. The father admitted his alcohol consumption issues, but refused to receive any help. The conjugal relationship continues to be very unstable. The paternal grandmother informed the DYP that she would not be able to take care of the child on a long-term basis. After having explained to the parents that they have urgent choices to make, the Court maintained the child under the paternal grandmother’s care until January 13, 2022.

Facts and Analysis [ 10 ] Considering the absence of contestation, the parties file a draft agreement. [ 11 ] In this draft agreement, the parties admit the facts that justify maintaining the declaration of endangerment.

The facts are the following: 3.1 Since the last Court hearing, the parents’ situation has improved; 3.2 The parents have a history of conjugal violence and are still in a relationship; 3.3 The mother was pregnant and therefore had stopped drinking; 3.4 The father would have been sober since five (5) months; 3.5 The parents’ sobriety remains fragile as they have periods of improvements before relapsing; 3.6 The mother reported that she is still going to Social Services on a regular basis; 3.7 The father has not taken concrete steps to address his issues; 3.8 The parents still struggle to provide the child with structure and stability; 3.9 The child is reacting to the parents’ authority and present behavioural issues under their care; 3.10 Since the last Court hearing, the child remained with his paternal grandmother, Mrs.

C, but spent an increased amount of time under the parents’ care; 3.11 The parents still need support and to maintain their progress to offer a safe environment to the child; 3.12 The maximal delays of placement have been reached and the child deserves a stable life plan; [ 12 ] The parties agree with the following measures: 5.1 That the child be entrusted to his parents; 5.2 That the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; 5.3 That the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; 5.4 That the parents seek help through the Social Services concerning their personal issues; 5.5 That a person working for an institution or body provides aid, counsel and assistance to the child and the child’s family until May 31, 2023; 5.6 That the police collaborate to the execution of the enactment; The whole until: May 31, 2023. [ 13 ] After verifying that the content of the draft had been clearly explained to the parents and that the consent had been given freely, the Court declares to agree with the measures and accepts to ratify it.

FOR THOSE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the child X, born on [...], 2017, are still endangered; [ 16 ] RATIFIES the draft agreement; [ 17 ] ORDERS the implementation of the following measures and ORDERS the parties to comply with those: • That the child be entrusted to his parents;

• That the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; • That the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; • That the parents seek help through the Social Services or other support services concerning their personal issues; • That a person working for an institution or body provides aid, counsel and assistance to the child and the child’s family until May 31, 2023; • That the police collaborate to the execution of the enactment; The whole until: May 31, 2023. [ 18 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered; [ 19 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Angèle Tommasel, as amicus curiae for the father Date of hearing: August 9, 2022