2022 QCCQ 8578, 2022 QCCQ 8578

Protection de la jeunesse — 224840 2022 QCCQ 8578 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001068-201 DATE: January 20, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2012 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 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 11.2, 11.2.1 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 January 20, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered by the Honourable Lucie Godin on December 8, 2020. [ 3 ] On December 7, 2021, the Tribunal maintained the child on a provisional basis, entrusted to the mother’s care. [ 4 ] Today, the Director recommends that the child be placed in a foster family and that diverse support measures be ordered until December 31, 2022. [ 5 ] The mother contests the recommendations and asks that the child remain in her care. [ 6 ] The child’s attorney is agreeing with the Director’s plan.

Questions in litigation [ 7 ] Is it possible for the child to remain entrusted to the mother’s care? [ 8 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 9 ] The child remained entrusted to the mother’s care. Since the last Court hearing, the mother has continued to struggle with alcohol consumption issues. During her testimony on December 8, 2020, the mother recognized that she had to change her lifestyle and attend a rehabilitation centre. Despite this, she has not sought any formal support to address her issues.

Her collaboration with the Director has been fluctuating. [ 10 ] On December 23, 2020, the mother requested the police intervention as she had been beaten up by Mr. B. During the police intervention, the mother was intoxicated by alcohol. At some point, she mentioned that Mr. B only faked to hit her but she was scared.

[ 11 ] On January 22, 2021, the mother called the police as she wanted Mr. C to be taken out or her house. Mr. C was intoxicated at the time. [ 12 ] On February 6, 2021, the mother called the police for help as she wanted Mr. B to be escorted out of her house. Mr. B was intoxicated at the time. [ 13 ] Later that day, the police had to intervene as mother reported being hit by Mr. D.

During her call to the police, the mother appeared to be intoxicated by alcohol as she had a slurred speech. [ 14 ] On March 29, 2021, the mother asked for the police assistance reporting that she had been assaulted by her boyfriend, Mr. E. The mother reported that she had been strangled and hit in the face several times. She was eventually brought to the Nursing centre. At the time of the intervention, the mother was intoxicated by alcohol. [ 15 ] On April 18, 2021, police had to intervene for an incident of conjugal violence. The mother reported that her boyfriend, Mr.

E had made threats to kill her and to commit suicide. He strangled her and punched her on the right side of her face. Following this, she left the house with her daughter Y to go to her parents’ house. At the time of the intervention, the mother appeared intoxicated with alcohol. The mother also reported that Mr. E had forced her to take speed. Mr. E was eventually arrested for uttering threats and conjugal assault. [ 16 ] On April 19, 2021, the mother called the police as she wanted her boyfriend, Mr. E to be escorted out of her house. The mother reported that Mr.

E was intoxicated by alcohol but the police did not observe any signs of intoxication. [ 17 ] On June 27, 2021, the police had to intervene as the mother had taken the car of F without his permission. [ 18 ] On July 8, 2021, the police had to intervene as the mother was drinking and driving the coop hotel pick up. [ 19 ] On July 9, 2021, the police had to intervene again as the mother was drinking and driving the coop hotel truck. Her alcohol consumption led the mother to lose her job at the coop hotel. [ 20 ] On January 9, 2022, the police had to intervene at the family house.

The Youth Protection worker mentioned that at the time, the grandparents and the mother were intoxicated in presence of Y. The child was placed with her uncle for the night. X later arrived at the house. He was also placed in his uncle’s care. [ 21 ] During her testimony, the mother presented a different context to this event. The mother had entrusted Y to the grandparents’ care as she wanted to consume alcohol with a friend. The grandparents eventually arrived to the home with Y as they were afraid of their son, who had consumed alcohol. The mother’s brother called her and made threats.

Consequently, the mother called 911. She had taken steps in order for the child not to be in her presence while she was consuming alcohol. [ 22 ] X is registered to attend grade 4 at [School A]. His English and French are limited. He has frequently been absent from school. [ 23 ] Following the last Court order, the children did not have a stable routine at home. They would often be going to bed around 11 p.m. They slowly adapted to the

schedule provided to the family. As of November 4, 2021, the mother reported that the children were now going to bed around 9:30 p.m. or 10:00 p.m. During her testimony, she mentioned that they were going to bed at 11:00 p.m. [ 24 ] School has been in lockdown since October. During her testimony, the mother reported that the homework sent to the child are done. Despite the Youth Protection worker’s reminders, the mother did not yet registered X to the English Schooling Program. [ 25 ] In the past, X was sexually abused by the grandfather, Mr. G.

On November 17, 2021, the mother informed the Youth Protection worker that, when she wishes to consume alcohol, she sometimes brought the children to the grandparents’ house. Despite agreeing not to leave the child alone with the grandfather, on December 1, 2021, the mother informed the Youth Protection worker that she had left X sleeping at the grandfather’s residence the day before. Regarding that issue, a safety net was put in place to prevent any incident. [ 26 ] As the mother is not mobilizing herself and that the situation is recurrent, the Director recommends that the children be placed in a foster family.

The mother has been inconsistent in her recognition of her alcohol consumption issues. The Youth Protection worker reported that the child missed school and was left playing outside late at night, without supervision. For the past year, the mother’s collaboration has been inconsistent. She does not return phone calls and does not always come to meetings. [ 27 ] The Director’s intervention remains necessary to ensure that the children’s basic needs are met by their mother. [ 28 ] It appears from the evidence that the children are usually not in the mother’ care when she consumes alcohol.

The mother’s alcohol consumption still affects the children as she let them sleep and they do not go to school. [ 29 ] The Tribunal is not of the opinion that placement is necessary at this point. During her testimony, the mother mentioned, like she did in December 2020, that she wanted to stop drinking alcohol; that she had learned her lesson. [ 30 ] A short order will allow us to verify if the mother is able to keep her promises and stop consuming alcohol. The Tribunal is asking that she mobilizes immediately and connect with support organizations.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 31 ] GRANTS the application for revision; [ 32 ] DECLARES that the security or the development of the child is still endangered;

[ 33 ] REVISES and EXTENDS the order rendered on December 8, 2020 by the Honourable Lucie Godin; [ 34 ] ORDERS that the child be entrusted to the mother’s care; [ 35 ] ORDERS that the mother take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 36 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 37 ] ORDERS that the child attend school regularly; [ 38 ] ORDERS that the mother receive the services of an external educator for the period deemed necessary by the professionals; [ 39 ] ORDERS that the mother be sober in the presence of the child; [ 40 ] TAKES JUDICIAL NOTICE that the mother agree to seek help, and consequently, ORDERS that the mother seek help through the Social Services or another resource deemed appropriate concerning her alcohol, drug and personal issues; [ 41 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 42 ] AUTHORIZES that the Director of Youth Protection to perform unannounced visits at the mother’s residence when the child is present; [ 43 ] RECOMMENDS that frequent unannounced visits be made; [ 44 ] ORDERS that the mother ensure that all contacts with the grandfather Mr.

G will be supervised by a reliable third party; [ 45 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 46 ] THE WHOLE until June 30, 2022; [ 47 ] 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 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Gabrielle Francoeur Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: January 20, 2022