2023 QCCQ 862, 2023 QCCQ 862

Protection de la jeunesse — 23108 2023 QCCQ 862 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 105-41-000617-226 DATE: January 24, 2023 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2007 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 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 is in danger according to

section 38(b)1 o iii of the Youth Protection Act , notably because of a situation of educational neglect. The child’s siblings are aimed by the same application. [ 2 ] At the hearing, the parents are present, but not assisted by a lawyer. They both agree with the recommendations of the DYP. The parties consent to the filing of the report to value the testimony of its author. Context [ 3 ] The DYP got involved with this family after serious allegations concerning their living conditions, inadequate environment, and criminal activities of the father. It is not the first time that the DYP is involved with them.

In 2020 and 2021, the DYP received reports concerning this family which were dismissed. [ 4 ] On November 4, 2022, a provisional agreement entrusts the child to Ms. C, her paternal aunt, until December 3, 2022. The father benefits from supervised visits with the child. The measure was extended until the present hearing. analysis and decision [ 5 ] The parents have been together for over 15 years, and they have three children respectively aged 17, 15 and 10 years old. [ 6 ] The father is a suspect in an ongoing criminal investigation related to robbery, concealment, and drug trafficking.

On November 1, 2022, a search warrant took place at the father’s house during which a significant number of stolen objects were found. Many pictures of the property were taken by the forensic technician. [ 7 ] The house is very messy. There are needles and pills on the table, as well as other accessible drug paraphernalia. The father was arrested on the scene. Three other men are living in the house with the family. One of them is also involved concerning the stolen items and he takes a lot of various drugs. [ 8 ] After the event, the youth delegate went to the father’s house, and it had been cleaned.

He collaborated with the DYP and

agreed that his daughter be entrusted to his sister Ms. C. He signed the provisional agreement mentioned above and made some admission concerning their living conditions. [ 9 ] X is 15 years old, and she has been living with her paternal aunt for approximately the past 7 months. One night, she arrived at her aunt’s place with her personal belongings and never went back home. She did not like the men living in her house and things were not going well for her over there. She did not have a room anymore it was given to one of the men residing at their home. The child wishes to stay at her aunt’s house.

The paternal aunt is aware of her brother’s difficulties related to drug use and that his home is not suitable for children. She is also willing to care for the eldest daughter Y, if needed. [ 10 ] The youth delegate resumes the situation of the family well when she mentions that both parents’ tolerance of inappropriate behaviours in the household about the men staying in their home, as well as the criminal activities and substance abuse issues that have been ongoing for months is worrying. Their home is not adequate for children [1] . In the past months, the family has been through a lot.

The child cannot witness such reprehensible behaviour in her environment in which she evolves. [ 11 ] The evidence demonstrates that the security and development of the child are in danger according to

section 38(b)1 o iii of the Youth Protection Act . Considering the evidence adduced, admissions and consent of the parties, the application is well founded. The suggested measures appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for protection; [ 13 ] DECLARES that the security and the development of X are in danger according to

section 38(b)1 o iii of the Youth Protection Act ; [ 14 ] ENTRUSTS the child to her paternal aunt, Ms.

C; [ 15 ] ORDERS that contacts between the child and the father be determined by according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] FORBIDS the father from being under the influence when in the presence of the child and from allowing any person under the influence be in contact with her; [ 17 ] RECOMMENDS that the father involve himself in a follow-up for his personal difficulties, notably addiction issues; [ 18 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 19 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until January 31, 2024; [ 20 ] 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 judgment; [ 21 ] ORDERS that the parties concerned by this judgment comply with it. _________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B

the father Written judgment filed on January 31, 2023.