2022 QCCQ 13929, 2022 QCCQ 13929

Protection de la jeunesse — 224813 2022 QCCQ 13929 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000837-221 DATE : May 25, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 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 May 24, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of neglect regarding supervision and serious risk of neglect. [ 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 parents contested the alleged grounds of compromission.

They recognized a situation of psychological ill-treatment. In terms of measures, they would have preferred a shorter period of placement (3 months) and agreed with support measures. On the second day of the hearing, the parents agreed for the child to continue residing in the foster family. [ 5 ] The child’s attorney agreed with the Director’s plan regarding measures and agreed with the parents’ position regarding grounds of compromission.

Questions in litigation [ 6 ] What are the grounds that justify the Director’s involvement? [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 8 ] What should be the duration of placement? Context and analysis [ 9 ] The parents have a history of consuming alcohol. [ 10 ] During her testimony, the mother acknowledged that on January 20, 2020 the parents consumed alcohol in the child’s presence.

[ 11 ] At times, they have used babysitters that were not responsible to care for the child. The mother reported that, since November 2021, they stopped asking the maternal grandmother as she herself has a drinking problem. [ 12 ] From November 24 to December 24, 2021, the parents signed a Provisional Agreement agreeing to ensure appropriate supervision for the child and to take steps to address their alcohol issues. [ 13 ] Despite their commitment, the parents have yet to seek formal support and address their alcohol consumption issues.

They plan to attend A Treatment Centre starting in June 2022, but have yet to be accepted in the six weeks program. [ 14 ] On March 11, 2021, Y had a panic attack following his parents’ alcohol consumption. Both children had to be placed. On March 11, 2021, around 10:00 am, the parents were observed to be intoxicated by alcohol.

During the Director’s intervention on that day, the child was outside of the home, with extended family members. [ 15 ] Immediate protective measures were invoked and the child was entrusted to the maternal grandmother. [ 16 ] On March 17, 2022, the Tribunal ordered that the child be placed in a foster family on a provisional basis. Despite the Court order, the Director decided to maintain the child entrusted to his paternal grandmother. The fact that the Director is not respecting a Court order is most disturbing … [ 17 ] Since April 20, 2020, the child is in the bush with the paternal grandparents.

Despite instructions from the Director, the child did not come back to the community. [ 18 ] The mother reported that she last consumed alcohol with the father on March 30, 2022. She had to take the day off work the following day. She has been followed in psychiatry since August 2021.

Her psychiatrist reports that “ she shows signs of motivation and (that she) already see changes in her. (The mother) understands better the trauma she went through as a kid and how it is affecting her as a parent now .” [1] [ 19 ] The father plans on attending a six week treatment program, with the mother, in Town A starting in June 2022. [ 20 ] From March 2021 to May 2022, both parents participated in workshops at the B Centre. Mr.

C, Executive Director of the Centre, assess that both parents “ are in the transition of understanding the consequences of their unhealthy decision and how their decisions have impacted their family in a negative way .” [2] [ 21 ] The Director has met its burden of evidence with regards to the existence of a serious risk of neglect for the child. Although, the parents are on a right path. They appear mobilized. They need to attend the treatment program and gain tools to maintain their sobriety before envisioning the child’s reintegration to their care.

In that sense, a period of placement of six months is necessary to ensure the child’s stability. THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for protection; [ 23 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 of the Youth Protection Act ); [ 24 ] ENTRUSTS the child to a foster family for a period of six months; [ 25 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection chose to place the child in the foster family of Ms. D; [ 26 ] TAKES JUDICIAL NOTICE that Ms. D resides with Ms. E; [ 27 ] ORDERS that frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection; [ 28 ] ORDERS that a

schedule of visits be put in place as soon as possible; [ 29 ] RECOMMEND S that the parents participate in a treatment as per their agreement; [ 30 ] RECOMMEND S that the parents engage in relapse prevention at the conclusion of their treatment; [ 31 ] ORDERS that the child is not exposed to anyone under the influence of drugs and alcohol; [ 32 ] ORDERS that the child resume attendance in daycare; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 34 ] AUTHORIZES unannounced visits to the parents’ home, when the child is in their care; [ 35 ] THE WHOLE for a period of six months; [ 36 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out.

__________________________________ François Ste-Marie, J.C.Q. Written and signed on July 5, 2022 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 25, 2022