2022 QCCQ 7004, 2022 QCCQ 7004

Protection de la jeunesse — 223096 2022 QCCQ 7004 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »

No: 145-41-000728-227 DATE: April 21, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2012 Child and A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 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 is in danger according to sections 38(b)2 o and 38(e)2 o of the Youth protection Act , notably because of a serious of a risk of neglect and a risk of physical abuse (weapons at home and substances abuse). [ 2 ] At the hearing, the parents are absent, even though they were duly served.

However, they both signed a letter expressing their consent to the DYP’s recommendations, and that they will not be attending court. As for the child, a lawyer looks after his interests. The latter also consents to the conclusions from the application following the evidence produced. [ 3 ] On March 1, 2022 an emergency measure is applied entrusting the child to a foster home. Those measures were extended for five days. On March 3, a judgment on a provisional measure entrusts the child to his maternal uncle. [ 4 ] The mother has health problems, and she has been through a lot of trauma in her life.

She suffers from anxiety and finds it difficult to leave her home. She benefits from a medical follow-up. She was raised in an unhealthy family environment marked by domestic violence, physical abuse, and alcohol and drug consumption. She experienced herself periods of placement in a foster family. Considering her problems, the mother is unable to take care of her son needs, and she entrusted him to her brother. The mother has supervised visits with the child, and it is going well. [ 5 ] Regarding the father, the DYP made a visit at his home. He was under the influen-ce of an unknown substance.

The child was present and playing video games. In the house, they observed bottles of cocaine on the desk and holes in the door done by a BB gun. The father did not attend the appointments scheduled with the DYP. He denies any responsibility in the event at home. He does not remember leaving his son alone at night and he never let him use the BB gun in the house. The father f aces charges for which he fears the consequences.

He agrees as well that the child be entrusted to his maternal uncle. [ 6 ] The evidence demonstrates that the security and development of the child are in danger according to sections 38(b)2 o and 38(e)2 o of the Youth protection Act . Considering the position of the parents, the facts alleged and evidence adduced, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT:

[ 7 ] GRANTS the application for protection; [ 8 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)2 o and38(e)2 o of the Youth protection act ; [ 9 ] ORDERS that the child be entrusted to his maternal uncle Mr.

C until December 31, 2022; [ 10 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 11 ] RECOMMENDS the parents actively participate in follow-up with an addiction counselor and treatment if deemed necessary by the professional; [ 12 ] RECOMMENDS to the parents to submit themselves to random drug/alcohol screening tests; [ 13 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 14 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family December 31, 2022; [ 15 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order; [ 16 ] ORDERS that the parties concerned by this order comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on April 26, 2022.