2022 QCCQ 12460, 2022 QCCQ 12460

Protection de la jeunesse — 227413 2022 QCCQ 12460 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000901-225 DATE: November 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2010 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 21, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child's security or development is endangered due to a situation of serious risk of neglect and psychological ill-treatment. [ 3 ] Today, the Director recommends that the child be placed in a foster family and that support measures be put in place for a period of one year. [ 4 ] The parents recognized that they have a drug and alcohol consumption issues.

They want to solve these in order to care for the child. [ 5 ] The child wants to return home with her parents right away. She is homesick. She also wants her parents to get better. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 7 ] Is it in the child’s best interest to return her immediately under her parents’ care? Context and Analysis [ 8 ] In June 2022, the parents were charged for assaulting one of their adult daughter. They were given conditions not to reside in the home.

At the time of the incident, the mother was intoxicated. [ 9 ] The parents went to reside in a camp outside of the community, while the child remained under the care of an adult sibling. [ 10 ] The parents eventually returned to their home.

[ 11 ] On September 14, 2022, the mother went to the residence of her daughter's boyfriend with her two youngest children (Y and X). She consumed alcohol and got into a physical altercation with her daughter Z. [ 12 ] Both children were entrusted to an extended family member. [ 13 ] On September 22, 2022, the Tribunal ordered the provisional compulsory foster care of the child to a foster family.

The parents did not present themselves at the hearing. [ 14 ] X reports that her parents and adult siblings drink a lot and that she sometimes witnesses physical violence in the house. [ 15 ] Y witnesses his sister and mother fight with each other. He mentioned that his parents only argue when they are drunk. [ 16 ] The children report that they like living with the foster family. They are well taken care of and there is food in the house. [ 17 ] The parents have ongoing issues with alcohol and drug consumption. At times, their alcohol consumption has led to physical violence.

They have not addressed these issues. The Tribunal counts on the parents’ mobilization to stabilize their situation. Only then, will it be possible for the child to return to their care. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

c) of the Youth Protection Act ); [ 20 ] ORDERS that the child be placed in a foster home, namely Ms.

C with integration after the parents complete a substance abuse treatment program and 3 months sobriety following treatment; [ 21 ] RECOMMENDS that the parents seek services with the [organism A]; [ 22 ] RECOMMENDS that the parents seek help with [the organism B] for their alcohol and substance abuse and follow the recommendations; [ 23 ] ORDERS that the parents remain sober from any substances while in the presence of the child; [ 24 ] ORDERS that the parents report to Director of Youth Protection about their progress and respect their appointments; [ 25 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by Director of Youth Protection; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain information from services providers of the parents as to their progress and attendance; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 28 ] THE WHOLE for a period of one year; [ 29 ] 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 21, 2022