2022 QCCQ 12431, 2022 QCCQ 12431

Protection de la jeunesse — 227384 2022 QCCQ 12431 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000676-215 DATE: November 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2015 child and A B 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 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 21, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on July 19, 2022. [ 3 ] On September 26, 2022, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 4 ] Today, the Director recommends that the child remain placed in a foster family for six months and that support measures be ordered for one year. [ 5 ] The father was absent from the hearing. [ 6 ] The mother and the child's attorney agree with the Director’s plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The mother and the children have continued to reside at the paternal grandfather's residence. On [...], 2022, as she gave birth to her fourth child, the mother entrusted the children to their father.

The new born’s situation was not signaled to the Director. [ 9 ] On September 15 and 20, 2022, the paternal grandfather reported that the father had left the children unattended in order to go consume alcohol. [ 10 ] On September 15, 2022, the police arrested the father around 3:30 p.m. He was under the influence of alcohol and causing disturbance.

[ 11 ] On September 20, 2022, immediate protective measures were invoked, and the children were placed in a foster family. [ 12 ] X lives in the foster home of his great-aunt Ms. C. [ 13 ] The father mentions wanting to go for counseling at [Center A]. [ 14 ] Between September 20 and November 10, 2022, the father did not contact the Youth Protection worker to inquire about the children. [ 15 ] On September 16, 2022, the Youth Protection worker was informed that the mother and her cousin consumed drugs and alcohol together in Town A. [ 16 ] At this point, the mother has no stable residence.

She had planned to admit herself to a women's shelter. She now remains with her grandmother, Ms. D in Town A. [ 17 ] The parents have not addressed their personal and consumption issues. The mother now reports that she is open to receive treatment. Words are good but actions are better. The Tribunal now expects the mother to act and to take steps to maintain sobriety.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision; [ 19 ] DECLARES that the security or the development of the child is still endangered; [ 20 ] REVISES the order rendered on July 19, 2022 by the Honourable Lucie Godin; [ 21 ] ORDERS that the child be entrusted to a foster home for a period of 6 months; [ 22 ] RECOMMENDS that the parents attend and complete an alcohol and drug program; [ 23 ] RECOMMENDS that the parents engage in an aftercare program after the completion of a treatment program; [ 24 ] ORDERS that the parents inform the Director of Youth Protection of any steps they have taken regarding their alcohol and drug use; [ 25 ] ORDERS that the child not be exposed to anyone under the influence of alcohol and drugs; [ 26 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection; [ 27 ] ORDERS that the parents collaborate with the Director of Youth Protection and meet with the worker upon request; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 29 ] THE WHOLE for a period of twelve months; [ 30 ] ENTRUSTS the situation of X to the Director of Youth 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 Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Date of hearing: November 21, 2022