2023 QCCQ 6548, 2023 QCCQ 6548

Protection de la jeunesse — 233376 2023 QCCQ 6548 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001237-236 DATE: April 4, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2020 child and A mother ______________________________________________________________________ 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 April 4, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of serious risk of neglect and as the child is submitted to psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to his Ms. B and that diverse support measures be ordered until April 30, 2024. [ 4 ] Ms. B receives a lot of support from the grandmother.

She accepts the intervention of the Director and is ready to collaborate. [ 5 ] The child’s attorney also agrees with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 7 ] The child was traditionally adopted by Ms. B. The adoption process was recognized five months ago but the new birth certificate is not received yet. The child has been living with Ms. B since birth and considers her as his mother. [ 8 ] The child attends the daycare A on a regular basis. [ 9 ] Ms. B is involved with Mr. C.

Their relationship is punctuated by incidents of conjugal violence. Both Ms. B and Mr. C struggle with alcohol consumption issues. [ 10 ] From January to July 2022, Mr. C was detained following a conjugal violence event. [ 11 ] On August 24, 2022, the police had to intervene as Ms. B and Mr. C were fighting while they were intoxicated by alcohol. At

the time, the child was present. [ 12 ] On September 3, 2022, Mr. C drove a vehicle, with the child while he was under the influence of alcohol. [ 13 ] On October 29, 2022, the police had to intervene in the family residence regarding a dispute in the house between Ms. B and her aunt. At the time, Ms. B was intoxicated by alcohol. She confirmed that the child and his sibling were present during the police intervention. [ 14 ] On November 27, 2022, the police had to intervene as Mr. C pushed and punched Ms. B. Both adults were intoxicated at the time. The child and his sibling were present in the home.

On the same date, Ms. B wrote suicidal thoughts on Facebook. Following an evaluation, it was concluded that Ms. B was not at risk for herself. [ 15 ] On December 19, 2022, the police intervene again regarding an incident of conjugal violence between Mr. C and Ms. B. They were both intoxicated during the police intervention. The child and his sibling were present during the incident. [ 16 ] Ms. B appears as collaborative. She recognizes that her relationship with Mr. C is problematic and impacts on the child. When sober, she has good parental capacities and can answer to the child’s needs.

She recognizes that the child may have been put in danger when both herself and Mr. C are consuming alcohol. [ 17 ] At the same time, Ms. B does not seem to be ready to take the necessary steps to ensure the child’s protection. She does not appear to be ready to end her relationship with Mr. C. [ 18 ] The mother reported that since December 2022, the situation at home is better. [ 19 ] The maternal grandmother can support Ms. B and can be a safety net for the family. [ 20 ] At this point, signing another set of Voluntary Measures is not sufficient to mobilize Ms. B.

Hopefully, structured by the Court order, the mother will understand the seriousness of the situation and will take the appropriate steps to protect her child. THEREFORE, AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 and 38

c) of the Youth Protection Act ); [ 23 ] ENTRUSTS the child to Ms. B; [ 24 ] ORDERS that Ms. B take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS Ms. B report periodically to the Director on the measures she apply in her own regard or in the child’s regard to put an end to the situation of compromission; [ 26 ] ORDERS that Ms. B remain sober in the presence of the child; [ 27 ] ORDERS that Ms. B refrain from any kind of violence in the presence of the child; [ 28 ] ORDERS that Ms. B make sure that the child is not exposed to alcohol consumption or any kind of violence; [ 29 ] RECOMMENDS that Ms.

B seek help through the Social Services or another resource deemed appropriate concerning her personal issues; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 31 ] THE WHOLE until April 30, 2024; [ 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the child Mtre Ève Laoun Counsel for Ms. B Date of hearing: April 4, 2023