2022 QCCQ 12449, 2022 QCCQ 12449

Protection de la jeunesse — 227402 2022 QCCQ 12449 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000835-225 DATE: November 25, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2014 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 25, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Denyse Leduc on June 14, 2022. [ 3 ] Today, the Director recommends that the child remain entrusted to the maternal grandmother for a period of nine months and that support measures be ordered for the coming year. [ 4 ] The parents are absent. [ 5 ] The child’s attorney agrees with the Director’s plan but recommends a duration of one year for the placement.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has continued to be entrusted to the mother’s care at the exclusion of her boyfriend. [ 8 ] On September 23, 2022, at around 5:00 a.m., the police intervened in the family home and found the child and his sibling unsupervised. Y was sleeping on a couch in the living room. The heaters were set at a maximum, a candle was lit and the windows were open.

Immediate protective measures were invoked, and the child was entrusted to his older sister C. [ 9 ] The mother and her boyfriend were out drinking with friends, to the point of intoxication. [ 10 ] The mother eventually admitted that she was back in relationship with her boyfriend, Mr. D. She reported that they were living together despite the Court order.

[ 11 ] Both children reported that on September 22, 2022, they had witnessed a verbal and physical argument in the home, between the mother and her boyfriend. [ 12 ] X reported that D had hit his sister on the cheek. [ 13 ] Y reported that the mother would leave them alone in the home. She also mentioned that D had hurt her on her arm, while she was on the bed. [ 14 ] The mother has not been transparent with the Youth Protection worker.

She has not attended any formal treatment program. [ 15 ] On September 27, 2022, the child and his sibling were transferred to the maternal grandmother. [ 16 ] On September 29, 2022, the Tribunal entrusted, on a provisional basis, the child to the maternal grandmother’s care. [ 17 ] The father has continued to reside in Town A and has not been regularly involved with the child. [ 18 ] The child needs to develop in a safe, secure, and loving environment. At this point, the mother is unable to meet her children’s needs.

The maternal grandmother is significant to the child and can provide this secure environment for him. Considering the mother’s lack of progress, it is more realistic to set the placement duration at one year. THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision; [ 20 ] DECLARES that the security or the development of the child is still endangered; [ 21 ] REVISES the order rendered on June 14, 2022 by the Honourable Denyse Leduc; [ 22 ] ENTRUSTS the child to the maternal grandmother, Ms. E; [ 23 ] ORDERS , in the event that Ms.

E was recognized as a foster family, that the child be entrusted to the foster family of Ms.

E; [ 24 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 25 ] RECOMMENDS that the mother take active steps to attend and complete a substance abuse treatment program; [ 26 ] RECOMMENDS that the mother take random drug testing; [ 27 ] RECOMMENDS that the mother continue to seek help with anger management; [ 28 ] ORDERS that the mother ensure that the child is not exposed to any violence at all times; [ 29 ] ORDERS that the mother ensure that the child is not exposed to anyone that is under any intoxicating substances at all times; [ 30 ] ORDERS that the mother collaborate with the Youth Protection worker and meet the worker upon requests; [ 31 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the child and mother as per attendance and progress; [ 32 ] ORDERS that any peace officer collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection or one of its representatives; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 34 ] THE WHOLE for a period of one year; [ 35 ] 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