2022 QCCQ 12446, 2022 QCCQ 12446

Protection de la jeunesse — 227399 2022 QCCQ 12446 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000822-223 DATE: November 22, 2022 ______________________________________________________________________ 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 95 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 22, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucie Godin on April 4, 2022. [ 3 ] On October 2, 2022, the Tribunal maintained, on a provisional basis, the child placed in a foster family. [ 4 ] Today, the Director recommends that the child be entrusted to her mother with the supervision of the maternal grandmother.

The Director also recommends that support measures be ordered for a period of six months. [ 5 ] The parents and the child’s attorney agree with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child has continued to thrive while under the care of her maternal grandmother. [ 8 ] In her last judgment, Justice Godin was quite clear as to what was expected from the parents.

She wrote the following: The parents need to realize that they must seriously engage in treatment to address their addiction and personal issues. The Director clearly expressed in the report filed under D-4 that if it is not possible for the parents to resolve at a timely matter their issues a life plan will be considered for the children. [ 9 ] The parents have not taken any formal steps to address their alcohol and drugs consumption issues. They have not provided any

documentation to the Director confirming their participation to any program. They resided with the paternal grandparents. [ 10 ] The maternal grandmother reported that the parents still abused alcohol and drugs. [ 11 ] At the hearing, the parents’ attorney mentioned that the mother had been sober for the last seven months and that the father had been sober for the last month. [ 12 ] At the beginning of September 2022, with the knowledge of the Director and following a dispute with the father, the mother moved in with the maternal grandmother.

She helps with the care of the child. [ 13 ] The mother is now pregnant and mentions she will not do drugs or alcohol during her pregnancy. She is due to give birth in […] 2023. [ 14 ] Considering that the parents have yet to mobilize in stabilizing their personal situation, the Director’s involvement is still necessary. At this point, as the mother is living with the maternal grandmother and is receiving her support, it is in the child’s best interest to be entrusted to her care at the condition that she resides with her own mother. It is essential that the parents take steps to maintain their sobriety.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES the order rendered on April 4, 2022 by the Honourable Lucie Godin; [ 18 ] ORDERS that the child be entrusted to the care of her mother at the condition that they reside with the maternal grandmother; [ 19 ] RECOMMENDS that the mother continue to seek services with the [organism A] for her personal issues; [ 20 ] RECOMMENDS that the father seek services with [the organism A] for his personal issues; [ 21 ] RECOMMENDS that the father provide support with the mother in caring for the child; [ 22 ] ORDERS that the parents remain sober from any intoxicating substances while in the presence of the child; [ 23 ] ORDERS that the parents not expose the child to any form of violence; [ 24 ] RECOMMENDS that the parents consider to have an assessment and to enroll into treatment for their substance abuse; [ 25 ] RECOMMENDS that the parents seek help for their parental capacities and with couple counselling; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with services providers working with the parents as per their attendance and progress; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 28 ] THE WHOLE for a period of six months; [ 29 ] 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 Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Justine Bergeron Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 22, 2022