2022 QCCQ 13552, 2022 QCCQ 13552

Protection de la jeunesse — 228019 2022 QCCQ 13552 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-001124-210 DATE: December 22, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2017 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (sections 95, para. 2, and 75 of the Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied for the extension of a decision under

section 95 of the Youth Protection Act [1] rendered on June 13, 2022, by the Honourable Eric Hamel, J.C.Q. In that decision, he declared that the security and development of the child were still in danger, and he ordered that the child be entrusted to a foster family until December 31, 2022. [ 2 ] The Director alleges that the child’s situation requires that the above-mentioned decision or order be extended under

section 95 of the Youth Protection Act [2] . CONTEXT AND ANALYSIS [ 3 ] At the hearing, the child was represented by Mtre Geneviève Lucas. The mother was assisted by Mtre Ève Laoun. The father was present but not assisted by a lawyer. All the parties admit that the situation of the child is still in danger and agree to the measures suggested by the Director. [ 4 ] The following facts were introduced in evidence. [ 5 ] The parents have been together for six years and reside in an apartment in Town A.

The father has been working full time at the coop since May 2022 and the mother is working for the hospital as a janitor. The parents have a history of domestic violence. They have stated that it is not happening anymore and that it is in the past. [ 6 ] Regarding the parents’ issues with alcohol, there is some improvement. The father has spoken with a social service worker and has applied to the [organism A]. He continues the follow-up with the pre-counselling workers.

He admits that he does not drink alcohol as often anymore, that his drinking is limited to two or three times a week, and that it is not excessive as it was before. The Director was unable to speak with the mother, but the father stated that she also does not drink alcohol to the point of intoxication.

The mother is registered in the same program. [ 7 ] The Director of Youth Protection was unable to reach the mother during the last measures and does not have additional information about the mother’s situation, except that it is apparently still be her intention to attend the [organism A]. [ 8 ] Since the last hearing, the child has remained entrusted to the foster family of her maternal aunt, C. The foster family is still on

a waiting list to have an external educator assigned to them. The child is developing well in her foster family. She has been entrusted to the same foster family since June 13, 2022, and at the beginning of the current placement she was 4 years old. The maximum placement period has not been reached. [ 9 ] The mother saw her child when she visited her sister, the foster mother. The father has not visited his daughter and has not contacted the Director of Youth Protection to inquire about visiting his daughter. He is very difficult to reach, as he does not have a home phone or personal phone.

The parents still need to take measures and continue working on their issues to ensure a safe and stable environment for the child.

It is important to note that the parents must take responsibility to demonstrate a willingness to change and that the youth protection workers are there to support them and encourage them to make more efforts to reach out and communicate with them. [ 10 ] After taking into consideration the documentary evidence, the testimony and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are in danger and that the measures suggested meet her needs and are deemed to be in her best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS this application for extension; [ 12 ] EXTENDS the decision or order rendered on June 13, 2022; [ 13 ] DECLARES that the security and the development of the child are still in danger under sections 38b)1)iii), b)2) and e)2) of the Youth Protection Act [3] ; [ 14 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 15 ] AUTHORIZES a return to her family, as soon as the situation allows it; [ 16 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the terms, frequency and degree of supervision of contact between the child and the parents be determined by the Director of Youth; [ 18 ] AUTHORIZES that the Director of Youth Protection perform unannounced visits at the parents’ residence when the child is present; [ 19 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the child attend a childcare establishment; [ 21 ] ORDERS that the parents remain sober in the presence of the child; [ 22 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 23 ] RECOMMENDS that the parents seek help for their alcohol and personal issues through social services or another resource deemed appropriate; [ 24 ] AUTHORIZES the Director of Youth Protection to access information regarding the parents’ attendance at appointments with professionals and their level of involvement with the services provided; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 26 ] ORDERS the police to cooperate in the execution of this judgment; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] The whole until December 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Geneviève Lucas Legal Aid Counsel for the child

Mtre Ève Laoun Counsel for the mother Date of hearing: December 22, 2022