2022 QCCQ 14419, 2022 QCCQ 14419

Protection de la jeunesse — 229077 2022 QCCQ 14419 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002776-224 DATE: August 12, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2014 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2014, are endangered under paragraphs (b) (1) iii and (e) (2) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks that child be entrusted to a foster family until April 30, 2023, with a reintegration with the father as soon as possible. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father is present and represented by Me Michaël Pereira. He recognizes that the security and development of his child are endangered and he agrees with the measures. [ 5 ] The child is 7 ½ years old.

He is absent, but represented by Me Cassandra Neptune. After hearing the evidence, Me Neptune submits that the situation of the child is endangered and that measures suggested are in his best interest. [ 6 ] The child has a brother Y (2 ½ y). The Court is also seized by his situation. Facts [ 7 ] The family is known by the DYP since February 2021, after receiving a report for neglect in terms of supervision. The parents had alcohol consumption and conjugal violence issues. They recognized the situation and on April 28, 2021, they signed voluntary measures.

The child was entrusted to a foster family for a period of 1 year. X was entrusted to Ms. C until August 14, 2021, and after that with his paternal grandmother, Ms. D. [ 8 ] The father had been detained between November 2020 and November 2021, after being convicted of multiple events of conjugal violence. After his detention, he integrates [Centre A]. He kept contacts regularly with the DYP to be informed about his children’s wellbeing. He also shared his concerns about the mother’s addiction, and the consequences on the children.

The communication between the DYP and the father were always very positive. [ 9 ] The mother also has an anger management issues, and she can become easily aggressive. [ 10 ] In June 2021, the mother physically abuses her oldest child (his situation is not in front of the Court) and this child was able to confirm that the physical abuse occurred on a daily basis. The mother was arrested and she now has criminal conditions to respect regarding that child.

[ 11 ] In December 2021, as she was highly intoxicated, the mother was arrested for breaching her criminal conditions. She was detained and she decided to attend [Centre A]. Steps were taken to help the mother with this project, and she had been able to integrate [Centre A] by the end of April 2022.

She asked to have Y with her as soon as authorized by the program. [ 12 ] In May 2022, the Court rendered provisional measures and entrusted the children to a foster family with a possibility of reintegration if the situation allows it. [ 13 ] The DYP worker underlines the facts that the mother, when sober, is a very caring and loving mother. She displays very good parental capacities, and she has very strong bonds with her children. She also recognizes that her issues have an important impact on her children and on her capacity to take good care of them. [ 14 ] Y joined his mother at [Centre A] on May 18, 2022.

Five days later, the mother informed the DYP about her intention to leave the program with the child. The father was scared about such situation. The mother expressed that it was very demanding and very hurtful to address her traumas and her emotions. Finally, despite those difficulties, the mother found the strength to continue the program and she was still there at the time of the hearing. She also miss home. [ 15 ] At the hearing, the DYP worker testifies about the really great improvements made by the father since he is back in the community.

Due to that, the DYP had been able to reintegrate one child (not object of the present decision) and the next step is to reintegrate X which should be done very shortly. [ 16 ] The DYP worker is very positive for the future and underlines the drastic change the father was able to make in his life. [ 17 ] The father also testifies and explains that he is very proud of his achievements. He feels better and healthy. He absolutely wants to maintain his sobriety and to remain out of trouble. He regularly speaks with the mother over the phone, and she shares the same objectives as him. They support each other a lot.

He encourages her to continue and to come back home healthier. The father absolutely wants to have all his children back home and to be a positive model for them. Analysis [ 18 ] The parents recognize the situation of endangerment. They admit without any reserve their alcohol addiction issues and the consequences for their children. [ 19 ] They took the appropriate steps to address their issues, and those efforts gave very great results.

The parents are proud of them, and they are true to be. [ 20 ] The Court underlined their efforts, the results and invite the father to share the congratulations and encouragements with the mother. [ 21 ] The parents are also surrounded by very supportive family members. They will be well supported in the following months. [ 22 ] The Court invites the parents to never forget the difficulty they went through and to keep the motivation to offer a good living environment to their children.

FOR THOSE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the child X, born on [...], 2014, are endangered under paragraph (b) (1) iii of

section 38 of the Youth Protection Act ; [ 25 ] ORDERS that child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 26 ] ORDERS that Y remain with his mother on the condition that she complete her therapy at [Centre A]; [ 27 ] ORDERS that Y be reintegrated into a foster family or a significant person if the mother decides to quit the therapy before the end; [ 28 ] ORDERS that the children be reintegrated under the care of the parents as soon as possible; [ 29 ] TAKES JUDICIAL NOTICE that Paul will be reintegrated with his father very soon; [ 30 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 31 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 32 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the child and the parents be determined by the Director of Youth Protection; [ 33 ] ORDERS that the parents remain sober and without violent behaviour when in contact with the children; [ 34 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family;

[ 35 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 36 ] THE WHOLE until April 30, 2023 __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Michaël Pereira, attorney for the father Date of hearing: August 12, 2022