2022 QCCQ 14359, 2022 QCCQ 14359

Protection de la jeunesse — 229058 2022 QCCQ 14359 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002666-219 DATE: August 8, 2022 (written judgment rendered on September 28, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2021 [SOCIAL WORKER 1], Youth protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on July 8, 2021, regarding the child X, born on [...], 2021.

At that date the Court declared the security and development endangered, entrusted the child to a foster family and authorized a gradual reintegration of the child under the care of the parents as soon as the situation allows it and under strict conditions, until January 9, 2022. [ 2 ] The DYP submits that the situation does not allow to return the child to her parents, asks that X be entrusted until the age of majority to Ms. D and Mr. E. [ 3 ] The Court proceeds on the application under

section 95 and to avoid the DYP to produce an amended application, the Court authorized that the new facts alleged in the application under

section 76.1 filed in February 2022, be added. Position of the Parties [ 4 ] The mother is present and represented by Me Michaël Pereira. She recognizes that the security and development of her child are still endangered and she agrees with the placement in a foster family until her majority. That being said, she would like to remain involved in her daughter’s life. [ 5 ] The father is present and represented by Me Angèle Tommasel. He recognizes that the security and development of his child are still endangered and he agrees that the new ground of endangerment be added.

He agrees with the measures. [ 6 ] The child is 17 months old. She is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits to the Court that the situation of the child is still endangered and that the measures are in her best interest. [ 7 ] The child has siblings, Y (6 y), Z (3

y) and A (8 ½ y). The Court is also seized with their situation. History of the Situation [ 8 ] On July 8, 2021 , the situation of the child was submitted to the Court. The child was 4 months old. The evidence shown that the DYP is involved in the family for many years due to the parents’ alcohol and conjugal violence issues. The father had been violent toward the mother while she was pregnant with the child. The mother was seen intoxicated, breastfeeding the child. The mother was collaborative with the DYP, but unable to control her alcohol consumption.

The Court declared that the security and development of the child were endangered [1] and entrusted the child to a foster family. The Court authorized a gradual reintegration with the parents following strict conditions, the whole until January 9, 2022. [ 9 ] Since this decision, the hearing for the revision was postponed and the placement in foster family had been maintained.

Facts [ 10 ] Since the last decision, the child was moved a lot. She was first entrusted to a foster family in Town A, and after she was transferred to Town B. Indeed no other foster family was available in Town A and in Town B, it had been impossible to find a stable place for her. In July she had been entrusted to a foster family in Town C, and she came back to her first foster family in Town A by the beginning of August 2021. This placement has to be ended one month later due to health conditions of the foster mother.

The child was entrusted to a couple working at the rehabilitation centre of Town A. [ 11 ] The child remained entrusted to this couple. They are now living in Town C, but they will be back in Town A for work purpose. [ 12 ] The mother always acknowledges her personal difficulties (alcohol consumption, conjugal violence and regulation of her emotions). Until January 2022, she collaborated with the services most of the time. She made great efforts that gave some good results, but she also had periods of relapse. Overall, when it occurred, she had been able to protect her children from her issues.

Unfortunately, her situation degenerated by January 2022. She physically abused her children, and she had been the object of few police interventions. [ 13 ] The mother confirms that she will present herself at the DYP office to prepare a calendar of visits with her children. The mother agrees to travel to Town C to see X more often if the foster parents decide to go back living permanently down south. [ 14 ] The father was released from jail after serving 15 months of detention. He never contacted the DYP to have information about his children.

Analysis [ 15 ] The situation of endangerment alleged by the DYP is recognized by the parents. It is also what the evidence shows. [ 16 ] The parents agree with the measures, and those measures are in the best interest of the child. [ 17 ] For now, X is entrusted in a stable foster family. The maximum period of placement has been reached, and the parents accept this placement. They want to remain involved in the child’s life and it is important for them and the child that they be involved. Doing so, the Court will impose a minimal regime of contacts to make sure that the bonds and the culture be preserved.

FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child X, born on [...], 2021, are still endangered; [ 20 ] ORDERS that the child X be entrusted until the age of majority to Ms. D and C as a foster family; [ 21 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 22 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 24 ] RECOMMENDS that the parents seek help through the Social Services concerning their alcohol, drugs and personal issues; [ 25 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision with the following minimal frequency: • ORDERS that the child benefit from a minimum of 4 physical contacts per year with her parents plus regular video calls; [ 26 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until [...], 2039. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michaël Pereira, attorney for the mother Me Angèle Tommasel, attorney for the father

Date of hearing: August 8, 2022