2022 QCCQ 12479, 2022 QCCQ 12479

Protection de la jeunesse — 227432 2022 QCCQ 12479 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000923-229 DATE: November 22, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 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 22, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as a situation of serious risk of neglect exists. [ 3 ] The Director has no intention to present an evidence regarding neglect or possible physical abuse. [ 4 ] Today, the Director recommends that the child be entrusted to her maternal aunt, Ms. C for a period of 6 months with a reintegration to the parents care after 3 months.

The Director also recommends that support measures be ordered for a period of 6 months. [ 5 ] The parents and the child’s attorney are agreeing with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights?

Context and analysis [ 7 ] At times, the maternal grandmother has asked for the parents to be escorted out of the residence as they were intoxicated with alcohol. [ 8 ] On August 25 and 26, 2022, the parents signed a provisional agreement whereby they accepted services regarding their alcohol consumption. [ 9 ] The parents have been struggling with alcohol consumption issues that impacts on the child. They rarely buy food for the children and do not clean the family environment.

[ 10 ] During the weekend of October 21 to 23, 2022, the child was babysat by family members. On October 23, 2022, the parents never came to pick up the child. [ 11 ] X reported that her parents drink beer and that they get mad at each other. She reported that sometimes her mother would slap her on her face and on her leg. [ 12 ] On October 23, 2022, the children were removed from their parents’ care.

At the time, X reported the following: • The parents often hit and push the children; • The children are left in a locked bedroom; • The children are left unattended, in the middle of the night, when the parents go to drink; • X has to care for her sister with the help of her aunt D; • The parents do not properly feed the children. [ 13 ] The parents are denying what is reported by their daughter. The Director decided not to present any of the X’s comments. [ 14 ] On October 31, 2022, the Tribunal entrusted the children to the care of their maternal aunt, Ms. C.

The children adapted well to this environment. [ 15 ] The parents report that they are willing to receive support regarding their alcohol and personal issues. THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 2 of the Youth Protection Act ); [ 18 ] ORDERS that the child be entrusted to the maternal aunt Ms. C for a period of 6 months with reintegration after 3 months; [ 19 ] ORDERS , in the event that Ms.

C is recognized as a foster family, that the child be entrusted to that foster family; [ 20 ] RECOMMENDS that the parents seek services with the [organism A]; [ 21 ] RECOMMENDS that the parents seek help with [the organism B] for their alcohol and substance abuse and follow the recommendations; [ 22 ] ORDERS that the parents remain sober from any substances while in the presence of the child; [ 23 ] ORDERS that the parents report to the Director of Youth Protection about their progress and that they respect their appointments; [ 24 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by Director of Youth Protection, including supervision if necessary; [ 25 ] AUTHORIZES the Director of Youth Protection to obtain information from services providers of the parents as for their progress and attendance; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE for a period of six months; [ 28 ] 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 Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 22, 2022