2020 QCCQ 11248, 2020 QCCQ 11248

Protection de la jeunesse — 208670 2020 QCCQ 11248 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001065-207 DATE: October 2, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 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 October 2, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a situation of serious risk of neglect exists. [ 3 ] Today, the Director recommends that the child remain entrusted to his mother’s care and that diverse support measures be ordered until September 30, 2021. [ 4 ] The mother agrees with the Director.

She recognizes that she has issues that she will work on, in collaboration with the Director. [ 5 ] The child’s attorney also agrees with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The mother has issues with alcohol consumption. She recognized that in the past, when she was intoxicated, she could become aggressive. When she decides to consume alcohol, the mother usually entrust the child to the paternal grandfather’s care.

Until August 2020, the mother had not sought support from Social Services. [ 8 ] On numerous occasions, the police had to intervene while the mother was intoxicated. [ 9 ] On October 28, 2019, the police had to intervene as the mother and her boyfriend were intoxicated and refusing to leave the grandfather’s house. The mother was aggressive and made suicidal remarks. [ 10 ] On October 29, November 13, 2019 and January 19, 2020, the police intervened during physical fights between the mother and

her boyfriend. During these incidents, they were both intoxicated. [ 11 ] On February 28, 2020, the mother and her boyfriend consumed alcohol and started to argue. The child was present during the incident. At one point, the mother asked her son to hide in the bedroom while she tried to have her boyfriend leave the house. She took a knife and threatened her boyfriend. When the Youth Protection worker arrived to the house, she found the child cleaning the apartment following the fight.

Immediate protective measures were invoked and the child was entrusted to the maternal grandfather’s care and later returned to the mother. [ 12 ] On March 18, 2020, the mother called the police while she was intoxicated. She reported that her boyfriend had made suicidal verbalizations. [ 13 ] On July 25, 2020, the grandfather reported to the police that he was worried for the child as the mother had left the child home without supervision. The child eventually walked home to a friend’s house. [ 14 ] The mother was involved with Mr. C. They maintained a conflictual relationship.

During the Youth Protection intervention, the mother reported that she put an end to this relationship in April 2020. They reunited for a while.

One month ago, the mother found him dead, after he committed suicide. [ 15 ] In her report, the Youth Protection worker clarified the goals of the Director [1] : The main objective of the present measures is to maintain the child with his mother, and ensure that her alcohol consumption issue does not affect him. (The mother) needs to provide the child with a stable, safe home, and a nurturing environment where he can thrive and reach his full potential and to ensure that all his physical, mental and emotional needs are being met. (The mother) needs to truly address her alcohol issue, understand the impacts on her son being exposed to it for years, and ensure that she always finds a protective plan to prevent his from being exposed to the abuse. [ 16 ] The mother is aware that she should not consume alcohol while her child is present.

She recognizes that her son can be negatively affected by her alcohol consumption. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2) of the Youth Protection Act ); [ 19 ] ORDERS that the child remain with his mother; [ 20 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child's regard to put an end to the situation of compromission; [ 21 ] ORDERS that the mother take an active

part in the application of the measures ordered to put an end to the situation of compromission; [ 22 ] ORDERS that the child and his mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the mother remain sober in the presence of the child; [ 24 ] RECOMMENDS that the mother continue seeking help through the social services concerning her alcohol consumption issues; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] THE WHOLE until September 30, 2021; [ 27 ] 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 October 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly-Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: October 2, 2020