2022 QCCQ 14413, 2022 QCCQ 14413

Protection de la jeunesse — 229071 2022 QCCQ 14413 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002759-220 DATE: August 11, 2022 (written judgment rendered on October 3, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2021 [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 [...], 2021, are endangered under paragraph (b) (2) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to a foster family, namely to Ms. C for a period of 9 months. Position of the Parties [ 3 ] The mother is absent, but represented by Me Alexander Grey. She recognizes that the security and development of her child are endangered and she agrees with the measures. [ 4 ] The father is absent, but 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 19 months old. He is represented by Me Cassandra Neptune.

After hearing the evidence, Me Neptune submits to the Court that the situation of the child is indeed endangered and that the recommended measures are in his best interest. Facts and Analysis [ 6 ] The family situation is known from the DYP for many years. The 2 oldest minor siblings of the child are followed by the DYP due to the chronic and persistent mother’s alcohol and drug addiction issues. The father of those children committed suicide in 2011. [ 7 ] The mother started a new conjugal relationship. X was born from this union.

The father also has an alcohol consumption issue, their relation is very conflictual and events of conjugal violence had been reported. The father is currently detained for conjugal violence. This detention started before the birth of the child. [ 8 ] The family does not have an important safety net.

Only the maternal grandfather is available to support the parents. [ 9 ] The mother recognized that she consumed during her pregnancy and when the child was born, there was a significant level of alcohol and cannabis in his blood. [ 10 ] At birth, the DYP took immediate protective measures and entrusted the child to a foster family. The parents agreed to renew the placement under voluntary measures. [ 11 ] Since that placement, the mother cancelled and shortened some visits with the child because she wanted to drink. She also offers a very irregular collaboration with the DYP.

[ 12 ] The child is developing positively under his foster family’s care. The maximum period of placement is reached. [ 13 ] The father should be transferred in a halfway house very soon. He participated to different programs while detained. His seems to have positively evolved. [ 14 ] The mother expressed the desire to attend a program to address her issues, but as of today no steps had been taken. [ 15 ] By the month of May 2022, the mother became more involved in her son’s life. She asked for visits and one visit in the north took place.

The mother took advantage of this visit and took very good care of her son. X reacted very well to the presence of his mother. After that, she maintained contacts by Facetime and once again, the child reacted well when he sees and hears her. [ 16 ] The father also get more involved in his child’s life by communicating with him on a daily basis by phone and the child recognizes his voice. [ 17 ] Although the delay has been reached, the DYP considered that a reintegration is still possible.

The parents made progress, they show their willingness to change their way of life and they should have the opportunity to demonstrate their capacity of change. The child also deserves that such opportunity is given to his parents for him to be able to be raised by them. FOR THOSE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child X, born on [...], 2021, are endangered under paragraph (b) (2) of

section 38 of the Youth Protection Act ; [ 20 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, namely to Ms. C; [ 21 ] ORDERS that the child be gradually reintegrated under the mother’s care as soon as the situation allows it; [ 22 ] 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; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 24 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 25 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the child; [ 26 ] ORDERS that a person working for an institution or a body, provide aid, counselling and assistance to the child and the family; [ 27 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] THE WHOLE until May 31, 2023. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Alexander Grey, attorney for the mother Me Michaël Pereira, attorney for the father Date of hearing: August 11, 2022