2022 QCCQ 8040, 2022 QCCQ 8040

Protection de la jeunesse — 222390 2022 QCCQ 8040 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 640-41-002740-212 DATE: January 31, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2021 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A, having a place of business in [...] Applicant and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (Section 38 of the 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2021, are in danger under

section 38 b) (1) (iii) and e) (2) of the Youth Protection Act . [ 2 ] To put an end to the situation, the Director is asking the Court to entrust the child to a foster family, with a gradual reintegration with the mother if the situation allows it, the whole until January 31, 2023. [ 3 ] The Court reviewed the documentary evidence, heard the testimony of the DYP worker and reviewed of the father’s factual admissions. POSITIONS OF THE PARTIES [ 4 ] The mother was present and represented.

She acknowledges that the security and development of her child are in danger under sections 38 b) (1) (iii) and e) (2) and she agrees with the measures. [ 5 ] The father was present and not represented. He made some factual admissions, and the most important one is that he has not been regularly involved in his son’s life.

He denied that the mother has issues with alcohol and violent behaviour, but at the same time, he has ignored every event since April 2021 where the mother was highly intoxicated and on some occasions behaving aggressively. [ 6 ] The father also admitted that in October 2021, the Director tried to talk to him about the child but that he refused and did not collaborate.

Finally, the father said that he was not aware that the DYP had placed his son with the foster family as an immediate protective measure on October 28. [ 7 ] Consequently, the father’s admissions, including all the information that he does not know, leads the Court to conclude that he admits that the security and development of his child are in danger under the alleged sections. [ 8 ] Furthermore, the father’s clearly agrees with the measures proposed by the Director to put an end to the situation in which the security and development of his son are in danger. [ 9 ] Finally, the lawyer representing the child, under a legal mandate admits that the security and development of the child are in danger under

section 38

b) iii) and

section 38 e) (2) of the Youth Protection Act and he also stated that the measures proposed by the Director are in the best interests of the child and that they also respect his rights. FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application;

[ 11 ] TAKES NOTE of the admissions by the parents and the lawyer representing the child that the security and development of the child are in danger; [ 12 ] TAKES NOTE of the consent expressed by the parents and the lawyer representing the child to the effect that the proposed measures are in the best interests of the child and respect his rights; [ 13 ] DECLARES that the security and development of the child X, born on [...], 2021, are in danger under

section 38

b) iii) and 38 e) (2) of the Youth Protection Act ; [ 14 ] ENTRUSTS the child to a foster family until January 31, 2023; [ 15 ] AUTHORIZES the gradual reintegration of the child with the mother if the situation allows it; [ 16 ] RECOMMENDS that the foster family suggested by the mother, namely C, be quickly evaluated by the DYP; [ 17 ] ENTRUSTS the child to a foster family chosen by the institution operating a child and youth protection centre; [ 18 ] ORDERS that the child be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 19 ] 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 and development of the child are in danger; [ 20 ] ORDERS that the child and the child’s parents take an active

part in the application of the measures ordered by the Court; [ 21 ] ORDERS that the child and the child’s parents reports in person at regular intervals to the Director to inform him of the current situation; [ 22 ] ORDERS that contacts between the child and the child’s parents be determined by the Director with regard to the terms, frequency and degree of supervision; [ 23 ] STRONGLY RECOMMENDS that the mother seek help to address her alcohol consumption issue; [ 24 ] ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and the child’s family until January 31, 2023; [ 25 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] ORDERS to the police to collaborate with the application of the enactment; Signed on March 11, 2022 __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Me Justine Carli Cain Lamarre, s.e.n.c.r.l. Counsel for the Applicant Me Michael Pereira Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the child Me Cassandra Neptune Centre communautaire juridique A Counsel for the mother Mr. B, father, not represented Date of hearing: January 31, 2022