2022 QCCQ 9210, 2022 QCCQ 9210

Protection de la jeunesse — 225326 2022 QCCQ 9210 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001491-224 455-41-001492-222 DATE : August 25, 2022 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2013 Y Born on [...], 2010 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Children’s mother -and- UNDECLARED FATHER (X) -and- B (Y) (deceased) Children’s father’s ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (Section 38 of 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.).

Introduction [ 1 ] The Court confirms and justifies, by this judgment, the decision rendered during the hearing of August 25, 2022, in accordance with the requirements of the Youth Protection Act . [ 2 ] The undersigned has edited the reasons expressed verbally, to improve their presentation and understanding. [ 3 ] The Court is seized of two (2) applications presented by the Director of Youth Protection (DYP), in which DYP asks to declare that security and development of the children are compromised on the ground of psychological ill-treatment, serious risk of physical abuse, serious risk of neglect and, for the child X only, for sexual abuse. [ 4 ] Consequently, DYP is asking the Court to entrust the children to their maternal uncle, Mr.

C and to impose other measures

intended to put an end to the situation of endangerment. Questions in litigation [ 5 ] Are the security and development of the children compromised? If yes, for what reasons? What are the most appropriate measures to correct the situation? Context and analysis [ 6 ] The fact that the mother recognize not being available presently for the children is a proof of her parental sensibility and of her love for the children. [ 7 ] She understands her daughter X who wants to go live with her mother. [ 8 ] The mother will be able to explain her why she’s cannot live with her for now.

The social worker will help the mother and suggests her a way to explain to this little girl. [ 9 ] The mother is sober for three months, she is attending AA meetings and the Court suggests her to continue. [ 10 ] The parties recognize the veracity of each and every one of the allegations of the request. [ 11 ] After analysing all the evidence, and taking into consideration the position of the parties, the Court concludes that the security and the development of the children are compromised and that the recommended measures respect their rights and interests.

CONSEQUENTLY AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the present applications for protection; [ 13 ] DECLARES that the security and development of the children X and Y are in danger on the following grounds: •Psychological ill-treatment (article 38

c) of the Youth Protection Act ); •Serious risk of physical abuse (article 38 e) (2) of the Youth Protection Act ); •Serious risk of neglect (article 38 b) (2) of the Youth Protection Act ); [ 14 ] DECLARES that the security and development of X is also in danger on the ground of sexual abuse (article 38 d) (1) of the Youth Protection Act ); [ 15 ] ENTRUSTS the children to their maternal uncle, Mr. C; [ 16 ] TAKES NOTICE that the living environment of Mr. C will be assessed for him to be recognize as a kinship foster family; [ 17 ] ORDERS following a positive assessment of Mr.

C’s environment, that the children be entrusted to the kinship foster family of Mr. C; [ 18 ] AUTHORIZES , in the children’s favor, supervised contacts with their mother, upon agreement and according to the modalities set with the Director of Youth Protection; [ 19 ] AUTHORIZES , the Director of Youth Protection to lift the said supervision according to the evolution of the situation; [ 20 ] PROHIBITS all contacts direct or indirect between the children and their mother’s partner, Mr. D; [ 21 ] ORDERS that the mother take an active

part in the application of any of the measures ordered, namely that she collaborate to the elaboration of the intervention plan and the social follow-up; [ 22 ] ORDERS that the children receive specific healthcare and health services, namely the services of IVAC or any other recommend services, if applicable; [ 23 ] RECOMMENDED to the mother to continue regularly her AA meeting as long as she fells it necessary; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 25 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out; [ 26 ] THE WHOLE for one (1) year. __________________________________ DOMINIQUE WILHELMY, J.C.Q.

Signed on :

M e Nicolas Bastien Counsel for the DYP M e Karyn Brown Counsel for Y M e Claudel Vachon Counsel for X M e Valérie Boucher Counsel for the mother Date of hearing : August 25, 2022 Filed exhibits: D-1 à D-8