2023 QCCQ 6693, 2023 QCCQ 6693

Protection de la jeunesse — 233572 2023 QCCQ 6693 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001044-202 DATE: May 31, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2016 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicants and B Mother and C Father ______________________________________________________________________ JUDGMENT FOR EXTENSION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 May 31, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to extend a decision rendered on July 26, 2022, in the situation of X, born on [...], 2016. His security and development were declared still in danger, and he was entrusted to a foster family until April 30, 2023.

DYP now recommends to extend the placement until February 29, 2024. [ 3 ] The child has three brothers: Y (10 years old), Z (1 ½ year old) and A (11 years old). A common hearing was held. Questions in litigation [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The mother agrees with the measures and recognizes that the security and development of the child are still endangered. She still displays alcohol consumption issues.

She made steps to address her issues but was unable to complete them. She collaborates honestly with DYP. [ 6 ] The father is still incarcerated, following events of conjugal violence toward the mother. [ 7 ] Y is a 10-year-old boy struggling with hemiplegia on the right side of his body. He is placed since July 26, 2022. He needs follow-ups in psychoeducation as well as an occupational therapist. [ 8 ] He witnessed a violent event that occurred between the mother, who was intoxicated, and his brother X during a home visit. He was greatly impacted by this event.

He mentioned having been hurt by his mother and that she told him she wanted X to go to prison like his father.

[ 9 ] X is a 7-year-old boy, active and playful. He is presently under the care of Ms. D. [ 10 ] He is the direct victim of the physical abuse by the mother in January; she hit him in the face and told him she wanted to kill him. When he told that to his foster mother, he was scared and shaking. [ 11 ] The child is still very young and vulnerable, and he needs a safe and stable environment free of alcohol consumption and violence. Ms. D is a suitable and viable environment for this child to flourish and evolve positively. [ 12 ] Z is a young child of almost 2 years old.

He does not present any physical or health issues. He is still too young to understand the situation, but he needs a safe and stable environment to grow up in, free of alcohol consumption and violence. [ 13 ] During the revision period, the child was placed in eight foster families. Since February, he is placed with his paternal aunt, Ms.

E. [ 14 ] DYP considers the child needs to remain in foster care unless the mother attends “program A”. [ 15 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the children are in danger and that the measures suggested meet their needs and deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the applications and EXTENDS the decisions rendered on July 26, 2022 by Justice Warolin, C.Q.; [ 17 ] DECLARES that the security and development of Y, born on [...], 2013, and Z, born on [...], 2021, are still endangered pursuant paragraphs b) 2 o ,

c) and e) 2 o of

section 38 of the Y.P.A.; [ 18 ] DECLARES that the security and development of X, born on [...], 2016, are still endangered pursuant paragraphs b) 2 o ,

c) and e) 1 o of

section 38 of the Y.P.A.; [ 19 ] ORDERS that the children remain entrusted to their respective foster family: Y and Z to Ms. F and X to Ms. D; [ 20 ] AUTHORIZES their reintegration with the mother if the situation allows it, notably if the mother addresses her issues with the Social Services or any other resource deemed appropriate, she allows the Director of Youth Protection to access the occurrence report where she is mentioned and if it respects the children’s desire; [ 21 ] AUTHORIZES the child Z to follow the mother to a treatment centre; [ 22 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 23 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 24 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the children; [ 25 ] ORDERS that the parents seek help through the Social Services or another resource deemed appropriate concerning their alcohol/personal issues; [ 26 ] ORDERS that the contact between the children and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 27 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parent’s residence when the children are present; [ 28 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the children and the children’s family; [ 29 ] ENTRUSTS the situation of the children to the Director who shall then see that the measure is carried out; [ 30 ] THE WHOLE until April 30, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant

M e Lola Rodriguez-Melka For the children M e Ève Laoun For the mother Mr. C Father, present and not represented Date of hearing: May 31, 2023