2022 QCCQ 14313, 2022 QCCQ 14313

Protection de la jeunesse — 229048 2022 QCCQ 14313 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002593-215 DATE: August 11, 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on April 15, 2021, regarding the child X, born on [...], 2017.

At that date the Court declared the security and development endangered, entrusted the child to a foster family until April 30, 2022, and authorized the child’s return to his parents’ care under strict conditions. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks that he be entrusted to a foster family and gradually reintegrated under the care of the mother if the situation allows it. Position of the Parties [ 3 ] The mother is absent, but represented by Me Cassandra Neptune.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. The mother would like to entrust [Program A] and she suggested her sister as a foster family. [ 4 ] Despite being duly aware of the hearing, the father is absent and not represented. Considering the best interest of the child, the Court proceeds in his absence. [ 5 ] The child is 4 ½ years old. He is absent, but represented by Me Michaël Pereira.

After hearing the evidence, Me Pereira submits to the Court that the child’s situation continues to be endangered and that the recommended measures are in his best interest. [ 6 ] The child has a brother Y (3 y). The Court is also seized with his situation. History of the Situation [ 7 ] On April 15, 2021 , the situation of the child was submitted to the Court. He was 3 ½ years old. The DYP is involved in the life of the family since 2018. The parents displayed alcohol consumption and conjugal violence issues. The child was a witness of the parents’ violent behaviours.

Since September 20, 2020, the parents signed different provisional and voluntary measures and in November 2020, the mother stopped respecting it. When they consumed, the parents let the children without proper supervision. The father worked outside of the community for 2 weeks in a row. Since February 9, 2021, the child is entrusted to a foster family under provisional measures ordered by the Court. Since this decision, the children moved many times due to the impossibility to find a stable foster family for them and due to the harassing behaviour of the mother.

The Court declared that the security and development of the child were endangered [1] and entrusted him to a foster family. The Court authorized a reintegration with the parents following strict conditions. The whole until April 30, 2022. [ 8 ] On April 27, 2022 , the Court rendered provisional measures. Considering the very great improvements that the mother maintained since the last decision rendered in April 2021, and considering the regular and frequent contacts that she had with her children, the Court entrusted the children under their parents’ care starting on May 1, 2022 [2] .

Facts and Analysis [ 9 ] For an administrative reason, the decision of the Court rendered on April 27, 2022, was not properly processed. The DYP lawyer explained the reasons to the Court, and confirmed that measures had been taken for such situation not to reoccur.

The Court is satisfied with the explanation given and with the transparency. [ 10 ] As this decision had not been implemented, the children remained in foster care after May 1, 2022. [ 11 ] The situation of the mother, which had been very positive between April 2021 and April 2022, degenerated in May 2022, right after the hearing on provisional measures. [ 12 ] Indeed, on May 31, 2022, the mother was arrested and detained for breaching her criminal conditions and for driving under the influence of alcohol.

Since that time, she is still detained and the date of her release is unknown. [ 13 ] The children remained in foster care, and they are developing well there. [ 14 ] The father is working at [Company A] for around 2 weeks on, 2 weeks off, but his

schedule fluctuates. When he is off and in the village, he does not require contacts with his children. [ 15 ] The mother is conscious about her issues and really wants to attend [Program A]. She had been able to protect her children from her alcohol consumption during one year, but obviously her addiction is still present. The mother took the step to register at the program. The DYP is fully open to such plan and encourage the mother to achieve her goal. [ 16 ] The Court also encourages the mother to continue the process.

The mother has all the capacity to success, she just needs more professional help to be properly supported. The Court is confident that she will come back in her community stronger and that she will be able to resume the care of her children.

FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child X, born on [...], 2017, are still endangered; [ 19 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that if the mother leave the therapy centre before the end, that the child be entrusted back to a foster family; [ 21 ] ORDERS that the modalities, the frequency, and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that the child be reintegrated under the care of the mother as soon as the situation allows it; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 25 ] RECOMMENDS that the parents seek help through Social Services for their drinking and conjugal violence issues; [ 26 ] ORDERS that the parents remain sober at all times when in presence of the children; [ 27 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will assess Ms.

C as a potential foster family for the children; [ 28 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 29 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] THE WHOLE until April 30, 2023. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Michaël Pereira, attorney for the child Me Cassandra Neptune, attorney for the mother Date of hearing: August 11, 2022