2022 QCCQ 14284, 2022 QCCQ 14284

Protection de la jeunesse — 229046 2022 QCCQ 14284 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002584-214 DATE: June 6, 2022 (written judgment rendered on June 13, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born [...], 2012 [SOCIAL WORKER 1], Youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to prolong a decision rendered on April 21, 2021, regarding the child X, born on [...], 2012. At that date the Court declared the security and development endangered and entrusted the child to his mother, until February 28, 2022. [ 2 ] The DYP asks that the children remain with their mother with aid, counselling and assistance, for a period of 6 months.

Position of the Parties [ 3 ] The mother is absent, but represented by Me Michaël Pereira. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] Despite being dully served, the father is absent and not represented. The Court proceeds in his absence. [ 5 ] The child is absent, but represented by Me Cassandra Neptune. He agrees with the measures. [ 6 ] Y is 12 ¾ years old, X is 9 ¾ and Z is 3. The Court proceeds to a joint hearing for the 3 children.

History of the Situation [ 7 ] On February 25, 2021 , the Court entrusted the child to his mother on provisional measures, with aid, counselling and assistance. [ 8 ] On April 21, 2021 , the situation of the child was submitted to the Court. Since May 2019, he receives services from the DYP under voluntary measures. He was entrusted to a foster family until June 2020. The mother and her spouse used unreasonable educative methods. The mother was 18 years old when the child was born. The mother is in relation with Mr. C for 5 years. They have a child together. Mr.

C works as a hunting guide, and he was also working for the school and the municipality. The mother offered a very poor collaboration to the follow-up except with the community worker. The Court declared that the security and development of the child were endangered [1] and maintained him with his mother, the whole until February 28, 2022. [ 9 ] On February 25, 2021, the Court ordered that the child be maintained with his mother under provisional measures and ordered a prohibition of contacts between the child and the mother’s spouse.

Facts and Analysis [ 10 ] The child is evolving positively since the last measure. He has a very strong bond with his mother.

[ 11 ] The mother improve her collaboration more and more during this measure. The new DYP worker was able to establish a good relationship with her. She also reduced her alcohol consumption and developed her parental capacities. [ 12 ] On January 21, 2022, a conjugal event happened while both parents were intoxicated. That was the first conjugal violent event since 2019. X was present and was assaulted by his father. Despite her intoxication the mother was able to be protective toward her children. The mother left the house and pressed charges.

The father has the condition not to be in contact and not to live there. [ 13 ] Since that event, the mother got separated and applied for her own house. [ 14 ] The father continues to be uninvolved in the children’s lives.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child X, born on [...], 2012, are still endangered; [ 17 ] ORDERS that the child remain with the mother; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are endangered; [ 19 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 21 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 22 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE until December 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Michaël Pereira, attorney for the mother Date of hearing: June 6, 2022