2022 QCCQ 8999, 2022 QCCQ 8999

Protection de la jeunesse — 224844 2022 QCCQ 8999 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001109-211 DATE: January 18, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 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 11.2, 11.2.1 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 January 18, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on March 15, 2021. [ 3 ] Today, the Director amended its recommendations and recommends that the Court maintains the child under the parents’ care and that support measures be ordered until January 31, 2023. [ 4 ] The parents and the child’s attorney are agreeing with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 6 ] X is developing well and attends grade 2 at the [School A] on a regular basis. He has tried to intervene during fights between his parents. He reported not liking when his mother consumes alcohol. [ 7 ] The parents have continued to struggle with alcohol consumption issues. [ 8 ] On March 5, 2021, it was reported to the police that the father was intoxicated by alcohol with his step-brother and was responsible to care for the children.

During the intervention, it was observed that the father was in a condition to care for the children. [ 9 ] On March 16, 2021, the police had to intervene to escort the mother out of [House A]. At the time, she was intoxicated by alcohol. [ 10 ] On April 10, 2021, the police had to assist the Youth Protection worker, Mrs. [social worker 1]. At the time, both parents were intoxicated and the children were under their responsibility. During the intervention, the mother started to have suicidal ideations and

eventually threw her cell phone in the police’s direction. [ 11 ] On April 22, 2021, the police had to intervene to escort the mother out of house 1349. When she was conducted to her house, police observed that the 3 children were left under the responsibility of their father, who was intoxicated by alcohol at the time. The mother was eventually arrested for traffic of cannabis as cannabis and paraphernalia were observed on the table. [ 12 ] On April 30, 2021, the father asked that police intervene to escort the mother out of the house as she was too intoxicated.

As the mother was making trouble, the children were not able to sleep. [ 13 ] On May 16, 2021, the father requested the police’s intervention as the mother had punched and pushed him. She was intoxicated and the situation was scaring the children. [ 14 ] On May 21, 2021, the police received a report that the mother was suicidal. During the intervention, the mother mentioned being anxious but denied being suicidal.

She was assessed by the social worker who concluded that there was no risk for the mother’s life. [ 15 ] On May 23, 2021, the mother called for the police to intervene following a dispute between the parents. At the time, the parents were intoxicated. The mother reported being pushed and threatened by the father. [ 16 ] On May 27, 2021, the police were asked to escort the mother out of [House B] as she was too intoxicated.

During the intervention, the mother made suicidal comments. [ 17 ] On May 28, 2021, the social worker reported to the police that she needed assistance as the parents were intoxicated and caring for the 3 children. During the intervention, the police observed the father driving while under the influence of alcohol. A young boy was in the car with him. [ 18 ] On May 29, 2021, the mother reported to the police that the father had left the house with the children in their vehicle. She reported that the father was intoxicated. She also appeared to be intoxicated at the time.

During the intervention, the police observed that the father was driving while being intoxicated by alcohol. Two children were with him. [ 19 ] On July 10, 2021, the police had to intervene following an argument between the parents. The mother was intoxicated by alcohol and tried to hit the father while they had two children under their responsibility. [ 20 ] On August 11, 2021, Mrs.

C reported to the police that the mother was making suicidal threats as the Director did not let her see the children. [ 21 ] In mid-October 2021, the Youth Protection worker met with the parents and was informed that they had resumed living together. X and the other two children were also living with them. [ 22 ] On October 16, 2021, it was agreed that X would be residing with his paternal aunt, Mrs. D. [ 23 ] On November 14, 2021, the police had to intervene. At the time, the parents were intoxicated by alcohol and the children were under their responsibility.

Father was arrested for throwing a bottle of wine at the mother’s face. Earlier the same day, the mother made suicidal threats. [ 24 ] On November 14, 2021, the grandmother requested the police intervention as the mother came to pick up a child. The mother was supposed to be medically evacuated due to suicidal thoughts, but ran away from the clinic.

She was eventually transported for assessment. [ 25 ] On November 15, 2021, the father was released with criminal conditions not to contact the mother. [ 26 ] On November 22, 2021, the Tribunal entrusted on a provisional basis, Y and Z to the care of D’s foster family. [ 27 ] On December 14, 2021, Mrs. D, the paternal aunt, expressed that she could no longer care for X as he was not respecting her rules. He often ran away to the parents or the paternal grandmother’s place. [ 28 ] On December 16, 2021, X was placed with his paternal grandmother, Mrs. E.

She mentions being able to care for X. [ 29 ] On December 27, 2021, the Tribunal entrusted X, on a provisional basis, to the care of his paternal grandmother. [ 30 ] Only two days later, on December 27, 2021, the grandmother and the aunt simply returned the three children to the parents’ care. They reported that this was due to Covid. [ 31 ] When assessed globally, the mother’s collaboration with the Director remained minimal. She has poor recognition of her issues with alcohol consumption.

She has not recognized being physically abusive towards X. [ 32 ] The father took some steps to address his issues of alcohol consumption. He actively collaborated with the Director. Although, he did not always prioritize the children’s needs when he reunited with the mother or when present when the mother consumed alcohol in the children’s presence. [ 33 ] Since the children’s return to their parents’ care on December 27, 2021, the Youth Protection worker mentioned that the parents collaborated like never before. The Director ensured regular visits.

The parents communicated regularly with the Youth Protection worker. The mother received support from a priest and her psychiatrist. The family can also count on the paternal grandmother’s support. [ 34 ] It is the Director’s assessment that it is now possible to maintain the children at home as long as the parents continue to

collaborate in such a positive way. Allegations of physical abuse for X [ 35 ] On August 3, 2021, the mother got into an argument with the father. The father was hit several times trying to protect the three children. At one point, when X intervened and pushed the mother, she slammed X’s head on the wall. During this event, the mother was intoxicated.

Following this event, the mother has criminal conditions prohibiting contacts. [ 36 ] On August 4, 2021, the mother signed an undertaking with conditions not to communicate with X and not to go at his residence except in accordance with the Director’s conditions. [ 37 ] On the same date, the Director received a signalement alleging that the mother had physically abused her son X. During the evaluation process, the father confirmed the allegation. He also added that the mother would swear at X on a daily basis.

The mother mentioned that on August 3, during the argument with the father, X tried to protect her and she accidently hit him. The mother reported that both parents were intoxicated at the time. [ 38 ] On August 9, 2021, the police again had to intervene following an argument between the parents. At the time, the mother is intoxicated by alcohol. She tried to hit the father’s leg. She eventually pushed X’s head. At the time, the three children witnessed the altercation. [ 39 ] On August 10, 2021, X was interviewed by the Youth Protection worker evaluating the physical abuse signalement.

He confirmed the alleged facts and that his mother hit him on the head during the events that happened the previous day. He also mentioned that his mother would often yells or screams at him and his siblings. She would insult him and use crude gestures. The children were entrusted to the father’s care, who went to reside with them at the paternal grandmother’s place. [ 40 ] During the hearing, the mother maintained that the described events were accidental. At the hearing, the father recanted his version. The father’s attorney mentioned that the events described were accidental. X did not testify.

The Director did not request for X to be dispensed. Consequently, the Director did not present preponderant evidence to support the alleged physical abuse. Allegations of sexual abuse for Y and Z [ 41 ] On October 14, 2021, the Director received a signalement alleging that Y had been sexually abused by Mr. F, the father’s half- brother. A signalement of serious risk of sexual abuse was also received for Z. Following evaluation, it was found that on October 9, 2021, Mr. F had touched Y on her genitals.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 42 ] GRANTS the amended application for revision and extension; [ 43 ] DECLARES that the security or the development of the child is still endangered; [ 44 ] REVISES and EXTENDS the order rendered on March 15, 2021; [ 45 ] ORDERS that the child be entrusted to the parents’ care; [ 46 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 47 ] ORDERS that the parents report in person, at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 48 ] ORDERS that the parents remain sober in the presence of the child; [ 49 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 50 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their alcohol, drug and personal issues; [ 51 ] RECOMMENDS that the mother receive specific health care and health services and that she follows the professionals’ recommendations notably by a psychiatrist; [ 52 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 53 ] AUTHORIZES that the Director of Youth Protection to perform unannounced visits at the parents’ residence; [ 54 ] RECOMMENDS that the Director perform regular unannounced visits during the next three months;

[ 55 ] ORDERS that the police collaborate to the execution of the enactment; [ 56 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 57 ] THE WHOLE until January 31, 2023; [ 58 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Ève Laoun Counsel for the child Mtre Nada Boumeftah Counsel for the mother Mtre Jean-Bernard Terrisse Counsel for the father Date of hearing: January 18, 2022