2022 QCCQ 11712, 2022 QCCQ 11712

Protection de la jeunesse — 226844 2022 QCCQ 11712 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002717-210 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2006 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (First paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has applied for the review of a decision under s. 38 of the Youth Protection Act [1] rendered on November 24, 2021, by the Honourable Dominique Wilhelmy, J.C.Q.

At the time, the security and development of X was in danger and he was entrusted to the foster family of Ms. C, with gradual reintegration into the mother’s care. [ 2 ] At the hearing, the youth was not present, but he had earlier met with counsel who is representing him. Neither parent was present, but they were represented by counsel. Facts since the last Court hearing: [ 3 ] The youth has been fully reintegrated into the mother’s care. The bond between them has improved, even if there still are some conflicts. [ 4 ] The mother’s issue with cannabis has not improved.

On multiple occasions, Youth Protection has witnessed the mother in a state of intoxication. [ 5 ] On April 11, 2022, an intervention by Youth Protection took place at the family home, while the mother was severely intoxicated. She was in the presence of the youth’s sibling Y and was not in a state to care for him. However, the youth is old enough to recognize potentially dangerous situations and is able to access his safety nets if needed.

He is less vulnerable due to his age, so the mother will be able to care for the youth with some support from Youth Protection. [ 6 ] The father is still detained and will remain so for the foreseeable future. He has been collaborative and involved in visits with the youth. [ 7 ] The parties recognize that the new facts justify the review of the Honourable Dominique Wilhelmy’s decision. The parents and the youth agree with the measures suggested by the Director of Youth Protection. FOR THESE REASONS, THE COURT: [ 8 ] GRANTS the application; [ 9 ] REVIEWS the decision rendered on November 24, 2021;

[ 10 ] DECLARES that the security and development of X, born on [...], 2006, are still in danger; [ 11 ] ORDERS that the youth remain with the mother; [ 12 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the youth’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 13 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Court; [ 14 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 15 ] RECOMMENDS that the parents seek help through social services for their alcohol, drug and personal issues; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until November 11, 2023; [ 17 ] ORDERS the execution of the present decision by any peace officer; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 19 ] THE WHOLE until November 11, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth Mtre Angèle Tommasel Counsel for the parents Date of hearing: November 11, 2022