2022 QCCQ 12475, 2022 QCCQ 12475

Protection de la jeunesse — 227428 2022 QCCQ 12475 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000919-227 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2008 adolescent and A B parents ______________________________________________________________________ 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 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 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the parents fail to meet the child’s basic needs with regards to supervision.

The Director also alleges that the child was subject to unreasonable methods of upbringing and that a situation of serious risk of neglect exists. [ 3 ] Today, the Director recommends that the child be entrusted to her father and that support measures be ordered for the coming year. [ 4 ] The parents and the adolescent’s attorney agree with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The parents are separated, and the child spends time with both parents.

The father resides with the paternal grandmother. [ 7 ] On September 29, X and Y went to the Director’s office to report their own situation. Their mother was home; binge drinking with other people. They reported that their mother would often drink and sleep for days. They disclosed that the mother screams all the time, denigrates them and that she would hit their sibling Z everyday. She would hit him on the back of his head and on his back with an open hand, hard enough to make him cry. Y mentioned that her mother would have last hit her around June 2022.

The mother called her a “fat bitch” and punched the back of her head with a closed fist. X and Y described that there was not a lot of food at home. [ 8 ] Around 4:30 p.m., an emergency worker went to the mother’s home. The mother was intoxicated and was drinking with two adult friends. There was no food in the refrigerator.

[ 9 ] During the Director’s evaluation, Y and X’s father confirmed that the mother consumes alcohol and reported that she also uses speeds. He mentioned that the girls were afraid of their mother. [ 10 ] Confronted with the alleged information, the mother admitted to consuming alcohol but maintained that she drank less than she used to. She denied consuming drugs. She also denied hitting the children. [ 11 ] Immediate protective measures were invoked and the child was entrusted to the paternal aunt.

She was eventually entrusted to her father. [ 12 ] On October 11, 2022, the Tribunal entrusted the child to her father on a provisional basis and on certain conditions. [ 13 ] The adolescent admitted to consuming alcohol to the point of intoxication and smoking marijuana. On October 18, 2022, she was intoxicated with marijuana while in school. [ 14 ] Regarding the impact of the mother’s behaviour on the children, the Youth Protection worker wrote the following in her evaluation report: (the) mother’s aggression and disrespect towards (the children) will have a lasting effect on them.

Both girls have taken on the role of mothers and protectors of their little brother. (…) All the children exposure to the intoxication, possible substance, verbal and physical assaults by their mother will have a lasting effect on them. They are all at risk for traumatic effects due to the events in their lives. [ 15 ] At the hearing, the mother denied the events that were reported by Y and X, although she recognized having used unreasonable methods of upbringing on the child. [ 16 ] At this point, the mother prioritizes her own need to consume alcohol over the many needs of her children.

She has not collaborated with the Youth Protection worker. The child’s return to her care would not be in her best interest. [ 17 ] The father is able and willing to provide for his daughters. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38 e) 1, 38 b) 2 and 38 b) 1 iii of the Youth Protection Act ); [ 20 ] ORDERS that the adolescent be entrusted to her father, Mr.

B; [ 21 ] RECOMMENDS that the mother attend and complete a drug and alcohol treatment program; [ 22 ] ORDERS that the mother remain sober in the presence of the adolescent at all times; [ 23 ] RECOMMENDS that the mother attend anger management; [ 24 ] ORDERS that the mother refrain from any form of verbal or physical violence towards her adolescent; [ 25 ] ORDERS that the mother ensure that the adolescent is not exposed to any form of violence and/or persons under the influence of alcohol or drugs at all times; [ 26 ] ORDERS that the frequency and modality of contacts between the adolescent and her mother be determined by the Director of Youth Protection, and with supervision of a third-party if deemed necessary; [ 27 ] RECOMMENDS that the mother undergo random drug testing upon request; [ 28 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request and inform the Director of Youth Protection of any changes in address and/or coordinates; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the adolescent and her family as per their attendance and progress; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 31 ] THE WHOLE for a period of one year; [ 32 ] 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 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Marie-Josée Ayoub Counsel for the mother Date of hearing: November 23, 2022