2022 QCCQ 8574, 2022 QCCQ 8574

Protection de la jeunesse — 224836 2022 QCCQ 8574 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001031-209 DATE: January 18, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A B (deceased) parents ______________________________________________________________________ JUDGMENT

Section 95 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 18, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on March 10, 2021. [ 3 ] Today, the Director recommends that Y and Z remain entrusted to a foster family, that X be entrusted to Ms. C and that support measures be ordered until January 31, 2023.

Question in litigation [ 4 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 5 ] The child has continued to thrive in his foster family in Town A. He functions well in Ms. C’s care. He is on a waiting list to attend daycare. On May 11, 2021, the child’s father committed suicide. Due to his young age, the child does not really understand that his father passed away. Ms. C is in a process to be recognized as a foster family for the child. [ 6 ] The mother took some steps to address her personal issues.

She worked at the [Company A] and kept busy in order to reduce her alcohol consumption. She offered a mitigated collaboration with Social Services. [ 7 ] The mother has been transparent with the Director, reporting that during some weekends, she would still consume alcohol with her new boyfriend. In November 2021, she reported that recently, she requested police intervention to have her boyfriend, who was intoxicated at the time, escorted out of the house. [ 8 ] In the last few months, visits between the mother and the child have been inconsistent.

Contrary to the Court order, the mother arranged to visit with Y and X without authorization from the Director. On October 7, 2021, Y was found at the mother’s home and returned to his foster family after having spent the night at his mother’s place without authorization. On June 3, 3021, during a visit with

her mother, Z was exposed to alcohol consumption by a member of her extended family. [ 9 ] The mother still resides with the child’s grandfather. In the past, the grandfather has been incarcerated for sexual assault of a minor. The mother took some steps to obtain her own dwelling, separate from her father’s. Understanding the housing situation in northern communities, this is now outside of the mother’s control. [ 10 ] The mother has not taken

part in the child’s annual health check-up. She has not inquired about the child’s schooling. [ 11 ] Despite the mother’s efforts, her situation is too fragile to permit the child’s return to her care. THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for extension; [ 13 ] DECLARES that the security or the development of the child is still endangered; [ 14 ] EXTENDS the order rendered on March 10, 2021 by the Honourable Lucille Beauchemin; [ 15 ] ORDERS that the child be entrusted to Ms. C; [ 16 ] TAKES JUDICIAL NOTICE that Ms. C is in a process to be evaluated to become a foster family for the child; [ 17 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 18 ] ORDERS that the mother report in person, at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the mother receive the services of an external educator for the period deemed necessary by the professionals if deemed necessary; [ 20 ] ORDERS that the mother remain sober in the presence of the child; [ 21 ] RECOMMENDS that the mother continue to seek help through the Social services or another resource deemed appropriate concerning her substance abuse, emotional dependency, and personal issues; [ 22 ] ORDERS that the Director of Youth Protection access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 23 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS that the Director of Youth Protection ensure a minimum frequency of visits between the child and the mother of once every six weeks; [ 25 ] RECOMMENDS that visits between the child and the mother be encouraged; [ 26 ] ORDERS that the mother take all necessary measures to ensure that the child is not left alone with Mr.

D at all times; [ 27 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the mother’s residence when the child is present; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 29 ] THE WHOLE until January 31, 2023; [ 30 ] 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 Jean-Bernard Terrisse Counsel for the child Mtre Alexander Grey Counsel for the mother Date of hearing: January 18, 2022