2022 QCCQ 12471, 2022 QCCQ 12471

Protection de la jeunesse — 227424 2022 QCCQ 12471 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000912-222 DATE: November 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2022 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 24, 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 serious risk of neglect exists. [ 3 ] Today, the Director recommends that the child be placed in a foster family for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The father was absent from the hearing. [ 5 ] The mother and the child’s attorney agree with the Director’s plan. [ 6 ] The mother requests, in the eventuality that she is admitted at [the organism A] and if [the organism A] agrees for the child to be transferred, that the Tribunal authorizes the child’s transfer with the mother at [the organism A].

The Director and the child’s attorney agree with the mother’s request. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 8 ] The parents have a longstanding history of substance abuse and conjugal violence. [ 9 ] The parents have two older children who are placed until their respective age of majority for issues of neglect, substance abuse and instability. [ 10 ] The mother consumed drugs (speed and marijuana) during her pregnancy. At birth, she tested positive for using speed, although

she denied using speed during her pregnancy. The child also tested positive for speed and experienced some withdrawal symptoms. For the next few months, the child will need very close supervision, including several visits to the clinic per week. [ 11 ] While in the hospital, the parents were observed arguing and shouting. The father has admitted to the hospital staff to be “high” on speed. On […], 2022, the parents were seen arguing again. They became physically aggressive with each other.

The mother denied that the parents ever argued in the hospital. [ 12 ] On September 22, 2022, upon discharge from the hospital, immediate protective measures were invoked, and the child was placed in a foster family. [ 13 ] On September 27, 2022, the Tribunal ordered the provisional placement of the child in a foster family. At the time, the mother informed the Tribunal that she had taken steps to enter the program A. [ 14 ] The mother still wishes to enter the Program A. [ 15 ] Neither parent is able to care for the child.

They have collaborated minimally with the Youth Protection worker. [ 16 ] The Tribunal is of the opinion that it will be important to review the situation in six months. Consequently, the duration of the Court order will be set at six months.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38 b) 1 iii of the Youth Protection Act ); [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] PERMITS , in the eventuality that the mother is admitted at [the organism A], and with the agreement of [the organism A], that the child be transferred with his mother at [the organism A]; [ 21 ] RECOMMENDS that the parents take active steps to engage and complete a drug and alcohol treatment program; [ 22 ] ORDERS that the parents remain sober in the presence of the child at all times; [ 23 ] ORDERS that the parents ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol; [ 24 ] RECOMMENDS that the parents submit to random drug testing upon request of the Director of Youth Protection ; [ 25 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection, and with supervision of a third party if necessary; [ 26 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet the worker upon request; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all services providers working with the child and his family as per progress and attendance; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] ORDERS to any peace officer to collaborate in the execution of the present Court order if requested by the Director of Youth Protection ; [ 30 ] THE WHOLE for a period of six months; [ 31 ] 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 Mtre Marie-Josée Ayoub Counsel for the mother Date of hearing: November 24, 2022