2023 QCCQ 6545, 2023 QCCQ 6545

Protection de la jeunesse — 233373 2023 QCCQ 6545 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001234-233 DATE: April 5, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2020 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 April 5, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the child is subjected to psychological ill-treatment and as a serious risk of neglect exists. [ 3 ] The Director also alleges that the parents have not ensured that the child medical needs have been met. [ 4 ] Following discussions, the Director agreed to amend its recommendations and proposed that the child remain entrusted to the mother’s care at certain conditions. [ 5 ] The parents and the child’s attorney agreed with the amended plan.

The child’s attorney recommended that family visits (with both parents present) be authorized under the Director’s supervision. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] For several years, the parents have been struggling with alcohol consumption and conjugal violence issues (verbal and physical aggressions). The child has been exposed to the parents’ alcohol consumption and conjugal violence incidents.

On numerous occasions, the police had to intervene with the family. [ 8 ] On December 8, 2021, the police had to intervene as the father had hit the mother in the child’s presence. At the time, both adults had been consuming alcohol. The mother made suicidal verbalizations. [ 9 ] On January 8, 2022, during a police intervention, they observed that the mother was intoxicated by alcohol on her neighbor’s porch. They observed that the mother had left X (1 year old) alone in the house.

During the intervention, the mother made suicidal verbalizations. [ 10 ] On February 11, 2022, during a police intervention, the mother made suicidal verbalizations. At the time, the child was not present.

[ 11 ] On March 12, 2022, during a police intervention at the family house regarding a family dispute, the mother made suicidal verbalizations. At the time, the child was not present in the house. [ 12 ] On June 13, 2022, the mother was found in the street intoxicated by alcohol and making suicidal verbalizations. During the police intervention, the child was not present. [ 13 ] On June 26, 2022, the police observed that the child X (2 years old) was left home without proper supervision. The mother eventually was found walking in the street, intoxicated by alcohol.

She made suicidal verbalizations. [ 14 ] On November 11, 2022, the mother assaulted another woman. At the time, the mother was under the influence of alcohol. She eventually drove her ATV under the influence and shouted suicidal verbalizations. [ 15 ] On November 30, 2022, the police had to intervene following suicidal verbalizations from the mother. The parents had left before the police’s arrival. It was reported that the mother had been intoxicated by alcohol. [ 16 ] On December 14, 2022, the police found the mother, in front of her house, highly intoxicated, in the presence of Y.

The mother eventually made suicidal verbalizations. At the time, Y was impacted to see his mother in crisis. [ 17 ] On December 15, 2022, the father was arrested for breach of condition for being in the family house. [ 18 ] On January 13, 2023, the father was arrested as he physically assaulted the mother. During the police’s intervention, both parents were intoxicated by alcohol. The mother was eventually transported to the nursing following suicidal verbalizations. [ 19 ] On several occasions, while she was intoxicated with alcohol, the mother expressed suicidal ideations.

The mother reported having no energy to care for herself, the child and the child’s sibling. On December 20, 2022, the Youth Protection worker observed the family house to be in a state of disarray (strong smell of feces, baby diapers and broken glass on the floor). The mother recognized that she is involved in a toxic relationship with the father. At the same time, she did not know how to deal with this issue. The mother appears to be too overwhelmed with her own issues to mobilize herself and prioritize her child’s needs. [ 20 ] The parents have not taken any formal steps to address their issues.

They have not collaborated with the Director. [ 21 ] The child is registered to daycare, but due to COVID restrictions he spent most of his time home. He shows signs of developmental delays due to a lack of stimulation. [ 22 ] Since October 28, 2022, the child was supposed to receive a daily dose of iron for a three-month period. The parents never came to get the medication, consequently, the treatment was never given to the child. [ 23 ] In November 2022, the child had to be hospitalized for one month and had to be intubated for four days. The lack of iron was the cause of his condition.

Following his discharge, the parents have not followed the necessary treatment plan. The parents failed to attend follow-up appointments, to facilitate blood tests and to give medication to the child. [ 24 ] On March 10, 2023, the Youth Protection worker observed that the mother had no energy to care for herself or the children. [ 25 ] On March 22, 2023, the mother got into a crisis and disclosed that she wanted to kill the Youth Protection worker.

She also made threats to kill herself if the child was taken away. [ 26 ] On March 24, 2023, the mother was arrested in relation with the death threats made towards the Youth Protection worker. [ 27 ] Today the Director present a last option to verify if the parents can mobilize themselves and prioritize the child’s needs. As the parents accepted the amended plan, it shows that they prioritize the child over their own needs. For the coming year, they will need to respect this order and show that they are mobilized and ready to address their personal issues.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the amended application for protection; [ 29 ] DECLARES that the security or the development of the child is endangered ( sections 38 c), 38 b) 1 ii and 38 b) 2 of the Youth Protection Act ); [ 30 ] ORDERS that the child be entrusted to the mother’s care at the following conditions: • The father have to live in a separate house; • It will be prohibited for the parents to be together in the child’s presence; • The mother has to participate in Social Services follow-up; • The parents have to fully collaborate with the Director of Youth Protection; • The Director of Youth Protection is authorized to do unannounced visits at the home; • The Director of Youth Protection is authorized to access the following documents: medical file of the child, Social Services follow-up of the parents, occurrence reports where the parents’ name are mentioned;

[ 31 ] TAKES JUDICIAL NOTICE that the Court will immediately be seized if the parents fail to collaborate with the Director of Youth Protection or do not respect the conditions; [ 32 ] ORDERS 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 of compromission; [ 33 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 34 ] ORDERS t hat the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 35 ] RECOMMENDS t hat the parents seek help regarding their alcohol consumption and personal issues; [ 36 ] ORDERS that the contacts between the child and the father be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 37 ] ORDERS that the child receive specific health care and health services, more specifically that he receive his medication for iron and participate in medical appointments concerning his iron deficiency; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 39 ] THE WHOLE for a period of one year; [ 40 ] 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: April 5, 2023