2022 QCCQ 13931, 2022 QCCQ 13931

Protection de la jeunesse — 224815 2022 QCCQ 13931 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000841-223 DATE : May 26, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 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 May 26, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of neglect regarding supervision, of serious risk of neglect and of physical abuse.

At the hearing, the Director chose not to present evidence concerning the serious risk of physical abuse. [ 3 ] On March 30, 2022, the Tribunal extended the Director’s application of immediate protective measures. [ 4 ] On April 6, 2022, the Tribunal entrusted the child, on a provisional basis, to a foster family. [ 5 ] Today, the Director recommends that the child remain entrusted to a foster family for a period of six months and that support measures be ordered for a period of nine months. [ 6 ] The mother agreed with the recommendations.

Her attorney mentioned that the mother had filed documents in order to participate in the rehabilitation program at the A Treatment centre. When she saw her child, the mother also noticed that he seemed undernourished. [ 7 ] The father and the child’s attorney agreed with the Director’s plan. Question in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 9 ] From September 25, 2020 until June 25, 2021, the child’s situation was followed by the Director under a Voluntary Measures Agreement.

At the time, the following facts were recognized by the parties:

• The mother has been trying to remain sober; • The Director believes that the child is not safe in the care of the father and needs proper supervision during visits with the child. [ 10 ] It was agreed that the child would be entrusted to the mother at the condition that they reside with the maternal grandparents. [ 11 ] On June 25, 2021, the Director closed the child’s file. [ 12 ] At the beginning of 2022, the mother and the child resided in a women shelter in Town A. [ 13 ] The Director was informed that on February 6, 2022, the mother was asked to leave the shelter as she was seen hitting the child and acting roughly with her.

Immediate protective measures were invoked and the child was placed in a foster family. At the hearing, the Director chose not to present any evidence regarding the events of February 6, 2022. [ 14 ] The mother denies hitting the child and consuming alcohol while she was at the shelter. [ 15 ] The mother has been drinking. At some point, she had no stable place to reside and did not provide the Director with a telephone number to be reached.

Now, the mother reports residing with the maternal grandmother since she left the shelter in February 2022. [ 16 ] For some time, the child’s father was incarcerated in St-Jerome. He was released on April 16, 2022 and returned to the community. [ 17 ] Considering the parents’ longstanding unresolved personal issues, the child cannot return to their care. [ 18 ] The Tribunal hopes that the mother will maintain her efforts to remain sober.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38 b) 1 iii of the Youth Protection Act ); [ 21 ] ORDERS that the child remain in a foster family for a period of six months; [ 22 ] ORDERS that the mother refrain from exposing the child to all forms of violence; [ 23 ] RECOMMENDS that the parents attend and complete a treatment program for drug and alcohol abuse; [ 24 ] RECOMMENDS that the parents address their personal issues with a professional and follow the professional's recommendations; [ 25 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection with supervision if deemed necessary; [ 26 ] ORDERS that the parents fully collaborate with the Director, meet with the worker upon request and inform the worker of any changes in their personal circumstances; [ 27 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all service providers working with the family with regards to progress and attendance; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 29 ] THE WHOLE for a period of nine months; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father

Date of hearing: May 26, 2022