2023 QCCQ 6692, 2023 QCCQ 6692

Protection de la jeunesse — 233571 2023 QCCQ 6692 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001043-204 DATE: May 31, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2011 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT FOR EXTENSION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 May 31, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to extend a decision rendered on August 25, 2022, in the situation of X, born on [...], 2011.

His security and development were declared still in danger, and he was entrusted to a foster family until April 30, 2023. [ 3 ] DYP now recommends to extend the placement until January 24, 2024. [ 4 ] The child has three brothers: Y (7 years old), Z (1 ½ year old) and A (10 years old). A common hearing was held. Questions in litigation [ 5 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest?

Context and Analysis [ 6 ] The mother agrees with the measures and recognizes that the security and development of the child are still endangered. She still displays alcohol consumption issues. She made steps to address her issues but was unable to complete them. She collaborates honestly with DYP. [ 7 ] X is a 11-year-old child. He has now been in the care of a third party for 23 months. [ 8 ] He witnessed a violent event that occurred between the mother and his brother Y, during a home visit, when the mother was intoxicated. He was greatly impacted by this event.

He also says to have been physically abused by his mother in the past. [ 9 ] His foster mother, Mrs. D, cares for him as if he were her child. She has shown her interest in taking care of him until his majority.

[ 10 ] The father was not available for his son during last summer, but he is back on track and would resume contacts and collaboration with DYP. [ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the child are in danger and that the measures suggested meet his needs and deemed to be in his best interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application and EXTENDS the decision rendered on August 25, 2022, by Justice Godin, C.Q.; [ 13 ] DECLARES that the security and development of X, born on [...], 2011, are still endangered pursuant paragraphs b) 2 o ,

c) and e) 2 o of

section 38 of the Youth Protection Act ; [ 14 ] ENTRUSTS the child to Ms. D; [ 15 ] AUTHORIZES a reintegration with the mother if the situation allows it, notably if the mother addresses her issues with the Social Services or any other resource deemed appropriate, she allows the Director of Youth Protection to access the occurrence report where she is mentioned and if it respects the child’s desire; [ 16 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 18 ] ORDERS that the parents remain sober and refrain from any kind of violence in the presence of the child; [ 19 ] ORDERS that the parents seek help through the Social Services or another resource deemed appropriate concerning their alcohol/personal issues; [ 20 ] ORDERS that the contact between the child and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 21 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parent’s residence when the child is present; [ 22 ] ORDERS that a person working for an institution or body to provide aid, counselling or assistance to the child and the child’s family; [ 23 ] ENTRUSTS the situation of the child to the Director who shall then see that the measure is carried out; [ 24 ] THE WHOLE until April 30, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Lola Rodriguez-Melka For the child M e Ève Laoun For the mother M e Geneviève Lucas For the father Date of hearing: May 31, 2023