2022 QCCQ 12472, 2022 QCCQ 12472

Protection de la jeunesse — 227425 2022 QCCQ 12472 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000916-223 DATE: November 25, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 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 9.2, 9.3 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 November 25, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as the parents fail to meet the child’s basic needs in terms of supervision and as a situation of serious risk of neglect exists. [ 3 ] Today, the Director recommends that the child be placed in a foster family for a period of nine months and that support measures be ordered for a period of one year. [ 4 ] The parents are absent. [ 5 ] The child’s attorney agreed with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 7 ] The parents lived in the home of the maternal grandfather, Mr. C. His children are placed in foster families due to issues of neglect and drug and alcohol consumption. [ 8 ] The child’s situation was first signaled on […], 2022 when the mother tested positive to cocaine and speed when giving birth to the child Y. [ 9 ] On September 23, 2022, the child’s situation was signaled again.

It was reported that the parents were out drinking and that there were people in and out of the home. Upon verification, the maternal grandfather was home caring for the child. He was not intoxicated.

[ 10 ] On the same day, another signalement came in. It was reported that the father and the maternal grandfather had started fighting. They were both intoxicated at the time. Around 4:30 p.m., the social emergency worker found the children alone, without any supervision. The father had been drinking outside of the home and was intoxicated. The mother was detained at the police station for vandalizing a house while she was intoxicated. [ 11 ] Immediate protective measures were invoked and the child was placed in a foster family. [ 12 ] Some of the children are behind in their vaccinations.

Parents have neglected the medical follow-up for the children and they missed appointments with the nurses. [ 13 ] On September 29, 2022, the Tribunal returned the child with the parents under the following conditions: • To meet with the social worker once a week and to follow the recommendations of the worker; • To always be sober in the presence of the children and not let any intoxicated person in their presence; • Obligation for the parents to update their children’s vaccination; • The children must always be babysat by accepted person from the Director; • Authorize the Director to perform unannounced visits at the home. [ 14 ] The parents did not respect the Court order conditions.

They have continued to consume alcohol to the point of intoxication and neglect the child. [ 15 ] On October 9, 2022, the child’s great aunt reported that Y needed to receive specific care for her eczema. [ 16 ] On October 13, 2022, another signalement was received. It was reported that the mother was intoxicated in the home while caring for the children. Y needed specific care for her eczema. The maternal great aunt took the baby to the hospital, and they were transferred to Hospital A where the baby was diagnosed with pneumonia and eczema.

The baby had to be hospitalized and given antibiotics. [ 17 ] On October 25, 2022, the parents left the child X unsupervised for 20 minutes. [ 18 ] On November 4, 2022, the child’s situation was signaled again. It was reported that the parents had left the child with the maternal great aunt for the night and had not returned the next day to pick up the child.

The parents were out consuming alcohol. [ 19 ] The Youth Protection worker went to the family home and observed that the house was in a total state of disarray; dirty dishes with molded food in the kitchen, laundry and garbage on the floor, empty bottles of alcohol in the parents’ room.

On that day, the house was boarded, which means that the parents have no longer any place to reside. [ 20 ] Immediate protective measures were invoked, and the child was entrusted to the foster family of Ms D, the child’s great aunt, in Town A. [ 21 ] On November 5, 2022, the Youth Protection worker saw the mother intoxicated roaming in the community. [ 22 ] Since, the parents have not contacted the Director and the Youth Protection worker was unable to communicate with them.

They do not collaborate with the Director. [ 23 ] The parents do not recognize that their alcohol consumption impacts negatively on the child. Consequently, they have not taken any formal steps to address their issues. The child needs to develop in a safe, stable, and loving environment. At this point, a placement is necessary.

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) 1 ii, 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ); [ 26 ] ORDERS that the child be entrusted to a foster family for a period of nine months; [ 27 ] RECOMMENDS that the parents attend and complete a drug and alcohol treatment program; [ 28 ] ORDERS that the parents remain sober in the presence of the child at all times; [ 29 ] RECOMMENDS that the parents seek a psychologist for their own personal and anger issues; [ 30 ] ORDERS that the parents ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol or drugs at all times; [ 31 ] ORDERS that the frequency and modality of contact between the child and the parents be determined by the Director of Youth Protection, and with supervision of a third party if deemed necessary;

[ 32 ] RECOMMENDS that the parents undergo random drug testing upon request; [ 33 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request and advise the Director of Youth Protection of any changes in address and/or coordinates; [ 34 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the family as per progress and attendance; [ 35 ] ORDERS that any peace officer collaborate in the execution of the present Court order if requested by the Director of Youth Protection; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 37 ] THE WHOLE for a period of one year; [ 38 ] 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 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Date of hearing: November 25, 2022