2022 QCCQ 12478, 2022 QCCQ 12478

Protection de la jeunesse — 227431 2022 QCCQ 12478 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000922-221 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2017 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 9.2, 9.3 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of psychological ill-treatment and as the parents fail to meet the child’s basic needs in terms of supervision. [ 3 ] Today, the Director recommends that the child be placed in a foster family for a period of nine months, that reintegration take place after six months and that support measures be ordered for the coming year. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] The parents separated in the summer of 2022. The father resides with the paternal grandparents. [ 7 ] For a certain period, the mother was transient and had no stable place where to reside. She recently moved into her mother’s house. [ 8 ] On September 9, 2022, the child was found without proper supervision. When she was picked up, she disclosed that her mother had left her alone during the previous night and that she had not eaten all day.

Immediate protective measures were invoked, and the child was placed in a foster family. [ 9 ] It is only on September 12, 2022, that the mother met with the Youth Protection worker. She confirmed that they had been consuming alcohol. On September 13, 2022, the parents signed a provisional agreement for the child to remain entrusted to a foster family.

[ 10 ] On October 13, 2022, the child was transferred from the foster home of her paternal great-aunt to another foster family. [ 11 ] The mother acknowledged consuming alcohol and cocaine while the father recognized drinking alcohol and smoking weed. The mother reports being sober and going to AA meetings. She applied to go to a six-week treatment program either in Town A or Town B starting on January 9, 2023. The father’s attorney mentioned that her client reported drinking less then before.

He also plans to attend treatment but has yet to take any formal steps to address his issues. [ 12 ] On October 26, 2022, the Tribunal entrusted the child, on a provisional basis, to a foster family. [ 13 ] The child was first placed into the foster family of Ms. C. She was then transferred to the foster family of Ms. D. She adapted well to her new environment. [ 14 ] When they are sober, it seems that the parents can care for their daughter. Although, it is clear that they constantly leave the child to consume alcohol and minimize their issues. They are unable to care for the child at this point.

The child has a right to live in a safe, stable, and secure environment, where she will be properly stimulated and supervised. [ 15 ] The Director has not presented evidence to support psychological ill-treatment as a ground of compromission THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 iii of the Youth Protection Act ); [ 18 ] ORDERS that the child be placed in a foster family for a period of 9 months with integration to one of the parents starting after 6 months; [ 19 ] RECOMMENDS that the parents take active steps to engage and complete a drug and alcohol treatment program; [ 20 ] RECOMMENDS that the parents seek psychological support for their personal issues; [ 21 ] ORDERS that the parents remain sober of alcohol and drugs in the presence of their child at all times; [ 22 ] RECOMMENDS that the parents undergo random drug testing; [ 23 ] ORDERS that the parents inform the Director of Youth Protection of their coordinates as soon as possible; [ 24 ] ORDERS that the parents ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol during visits; [ 25 ] ORDERS that the parents collaborate with the Youth Protection worker and meet upon request; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the family as per their attendance and progress; [ 27 ] ORDERS that any peace officer collaborate in the execution of the present Court order if requested by the Director of Youth Protection ; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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 January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 23, 2022