2022 QCCQ 11707, 2022 QCCQ 11707

Protection de la jeunesse — 226838 2022 QCCQ 11707 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002705-215 640-41-002706-213 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2012 Y, born on [...], 2017 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Second paragraph of

section 95 of the Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 has applied for the extension of a decision under s. 38 of the Youth Protection Act [1] rendered on September 2, 2021, by the Honourable Dominique Wilhelmy, J.C.Q. [ 2 ] At the time, she declared that the security and the development of X were in danger under s. 38 (e)(1) – physical abuse caused by unreasonable methods of upbringing and bodily injuries by the father – and under s. 38 (c) – psychological ill-treatment due to exposure to domestic violence caused by the father – of the Youth Protection Act . [2] [ 3 ] She also declared that the security and development of Y were in danger under s. 38 (e)(2) – serious risk of physical abuse caused by the father’s dangerous behaviour – and under s. 38 (c) – psychological ill-treatment for exposure to domestic violence caused by the father – of the Youth Protection Act . [3] [ 4 ] At the hearing, the children were not present, but they were represented by counsel.

The parents had been notified, but they were neither present nor represented by counsel. Facts: [ 5 ] The mother still displays personal and alcohol consumption issues. She has not cooperated with Youth Protection since March 2022, and she has not taken any steps with social services or any other available services to address her issues.

The mother’s house is known in the community to be an environment where people consume alcohol. [ 6 ] On or about February 23, 2022, the mother called Youth Protection while she was intoxicated in the presence of the children, who were placed back with their foster family. [ 7 ] On or about March 3, 2022, the police had to intervene as the mother was physically abusive towards the child X. On that occasion, X had called the police, stating that the mother had beaten him up. He was holding his ribs, crying in pain.

The mother is subject to criminal conditions not to be in contact with him. [ 8 ] Following that event, the mother said she did not want to be a part of the children’s lives. She moved to Town A at the end of May 2022.

[ 9 ] The father was incarcerated for most of the duration of the last measures due to an incident of conjugal violence against the mother. Since the last Court hearing, the father’s situation has improved. [ 10 ] On or about September 7, 2022, the father came back to the community after completing his sobriety therapy at [organism A], and he now has conditions not to be in contact with the mother. The father is cooperating well with Youth Protection. [ 11 ] Since the last Court hearing, the children have been under the care of the paternal grandmother, Ms. C, and they are doing well.

The father has made positive steps to get the children back under his care. Nonetheless, his situation is fragile, and he needs the support of Youth Protection to provide a safe environment for the children. [ 12 ] The children’s counsel believes that the extension of the measures suggested by the Director of Youth Protection are in the interest of the children.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] EXTENDS the decision rendered on September 2, 2021; [ 15 ] DECLARES that the security and development of X, born on [...], 2012, and Y, born on [...], 2017, are still in danger; [ 16 ] ENTRUSTS the children to a kinship foster family, chosen by the institution operating a child and youth protection centre, namely Ms. C; [ 17 ] ORDERS that the children be gradually reintegrated into the father’s care as soon as the situation allows; [ 18 ] ORDERS that the children and the children’s parents take an active

part in the application of any of the measures ordered by the Court; [ 19 ] ORDERS that the children’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] RECOMMENDS that the parents seek help through social services for their alcohol, drug and personal issues; [ 21 ] ORDERS that the terms, frequency and degree of supervision of contact between the children and the parents be determined by the Director of Youth Protection; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 23 ] ORDERS the execution of the present judgment by any peace officer; [ 24 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 25 ] THE WHOLE until May 31, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A. Counsel for the children Date of hearing: November 11, 2022