2022 QCCQ 12435, 2022 QCCQ 12435

Protection de la jeunesse — 227388 2022 QCCQ 12435 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000752-214 DATE: November 22, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 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 the order rendered on May 24, 2022. [ 3 ] Today, the Director recommends that the child be entrusted to his paternal grandfather’s care. [ 4 ] The Director also recommends that support measures be ordered for a period of one year. [ 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 his rights? Context and analysis [ 7 ] The child has continued to thrive under his paternal grandfather’s care. He is not attending daycare. [ 8 ] The parents’ situation remains essentially the same. They have not yet sought any formal services to address their issues. They recognize that they still consume drugs and alcohol. [ 9 ] Until August 2022, they both continued to reside with the paternal grandfather. On August 30, 2022, the mother decided to go live with Y at her older sister, Z.

She is expecting another child and is due for December 2022. The parents have since reunited. [ 10 ] On August 31, 2022, the Director was informed that the father had been drinking while caring for C, X and Y. [ 11 ] On October 25, 2022, the Director was informed by the [organism A] that an incident occurred in a Town A hotel, involving the parents. They argued and fought and were intoxicated at the time.

[ 12 ] At this point, considering the parents’ personal issues, the child’s return to the parents care would not be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] REVISES the order rendered on May 24, 2022; [ 16 ] ORDERS that the child remain in his paternal grandfather’s care; [ 17 ] RECOMMENDS that the parents seek professional help for their issues and substance use; [ 18 ] ORDERS that the child not be exposed to drinking and conjugal violence; [ 19 ] ORDERS that the child attend either school or daycare as soon as there is a place and resource for the child; [ 20 ] ORDERS the Director of Youth Protection to make unannounced visits to the family home; [ 21 ] ORDERS the parents to cooperate with the Director of Youth Protection and report regularly about their progress and situations; [ 22 ] ORDERS that the frequency and modality of visits between the child and the parents be determined by the Director of Youth Protection; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain information from service providers of the parents as for their progress and attendance; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 25 ] THE WHOLE for a period of twelve months; [ 26 ] ENTRUSTS the situation of X to the Director of Youth 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 Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: November 22, 2022