2022 QCCQ 9002, 2022 QCCQ 9002

Protection de la jeunesse — 224847 2022 QCCQ 9002 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001160-214 DATE: January 17, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2010 child 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 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 17, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is compromised due to a situation of serious risk of neglect and psychological ill-treatment. [ 3 ] On November 18, 2021, the Tribunal entrusted the child on a provisional basis to the foster family of Ms.

C. [ 4 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered until January 31, 2023. [ 5 ] The father and the child’s attorney are contesting the compromission. They are also of the opinion that the child should be returned immediately to her father’s care. Questions in litigation [ 6 ] Did the Director present preponderant evidence regarding the rationale for the situation of compromission? [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 8 ] Is it possible to return the child to her father’s care?

Context and analysis [ 9 ] The child usually resides with her father and other members of her extended family (her uncle D, her paternal grandfather and her cousin

E) in Town A. The mother lives in Town B with the child’s siblings. The parents separated more than five years ago. [ 10 ] Adults in the household regularly consume alcohol. The child reported that sometimes, when it gets too loud in her home, she goes to her relatives.

[ 11 ] On July 10, 2021, the child witnessed a physical confrontation between her father and her uncle D. [ 12 ] On August 26, 2021, the police had to intervene as the father physically assaulted his sister Y. During this incident, they were both intoxicated by alcohol. [ 13 ] On November 10, 2021, the child had to call the police as her father was physically fighting with her uncle D. At one point, the uncle threw a rock at the father’s face. E, the child’s cousin, tried to intervene to stop the fight.

At the time, the father and the uncle were intoxicated by alcohol and they were both eventually arrested. [ 14 ] Immediate protective measures were invoked and the child was placed in a foster family. [ 15 ] During the Director’s evaluation of the signalement, the father has not collaborated. Despite numerous attempts, the father refused to meet and discuss his daughter’s situation with the Youth Protection worker. The father blamed others for his family’s situation and alcohol consumption. [ 16 ] Following the November 18, 2021 hearing, the father agreed to meet with the Youth Protection worker.

He mentioned trying hard to get a house for him and his daughter. The father recognized that in the past, alcohol consumption in the house had led to physical fights. [ 17 ] Since November 18, 2021, the child sees her father on a daily basis and return to her foster family at night. The child reported that she had not seen anybody drunk since. [ 18 ] On December 13, 2021, the Director was able to briefly speak to the mother. Since then, the Director has been unable to reach her. [ 19 ] On December 20, 2021, the father confirmed to the Youth Protection worker that he had remained sober for the last two weeks.

He recognized that alcohol had been an issue in his life for many years. He reported understanding the necessity for his daughter not to be exposed to violence and alcohol consumption. The Director is now qualifying the father’s collaboration as “excellent”. The father has been able to open up and be transparent with the Youth Protection worker. [ 20 ] The Director provided preponderant evidence to support the declaration of compromission. [ 21 ] The Director is of the opinion that at this point, “ given the fact that things did not change in the house, we believe that there is still a risk for (the child’

s) security and development if she goes back there before the people living (there) stabilize their situation or before (the father) is able to leave and gets his own house […]” [1] . [ 22 ] This is not the Tribunal’s perception. It is true that the father’s gains and efforts to stabilize his situation are fairly recent. At this point, D is incarcerated. The Director is unable to estimate the time of his release. The child’s grandfather has agreed that, upon his release, D will reside in another residence. This is a protective factor for the child. The father also took steps to get another house.

He expects to receive this house in March or April. The father was also able to remain sober during all of the child’s regular visits since her placement in November. [ 23 ] Under these circumstances, the Tribunal is of the opinion that the child’s return to her father’s care is possible. THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

c) of the Youth Protection Act ); [ 26 ] ORDERS that the child be entrusted to her father; [ 27 ] ORDERS that the father report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS the father to remain sober and without any violent behaviour at all times in the presence of the child; [ 29 ] ORDERS the father to ensure that the child is not in presence of people who are consuming alcohol; [ 30 ] TAKES JUDICIAL NOTICE of the father’s commitment to take steps to address his issues with Social Services and consequently, ORDERS the father to seek help through Social Services or treatment center concerning his alcohol consumption issues; [ 31 ] AUTHORIZES unannounced visits to be performed by the Director of Youth Protection to the father’s house; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 33 ] THE WHOLE until January 31, 2023; [ 34 ] 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 Alexander Grey Counsel for the father Date of hearing: January 17, 2022