2022 QCCQ 12456, 2022 QCCQ 12456

Protection de la jeunesse — 227409 2022 QCCQ 12456 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000896-227 DATE: November 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 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 as the parents fail to provide the child with the appropriate supervision and that a serious risk of neglect exists. [ 3 ] On September 14, 2022, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 4 ] On November 1 st , 2022, the hearing had to be postponed as the recommendations had not yet been finalized. [ 5 ] Today, the Director recommends that the child be entrusted to a foster family and that support measures be ordered for a period of one year. [ 6 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] On June 1 st , the parties signed a provisional agreement entrusting the children to a foster family for a period of thirty days. [ 9 ] On September 9, 2022, the children were found by the Social Emergency Worker, in a dark room, alone in the home, without adult supervision. A rope was used to lock the room where the children were found. The children were screaming and crying.

The children appeared to be hungry. [ 10 ] The father reported that he had gone out of the home during that day and that he was intoxicated.

[ 11 ] The mother mentioned that she had just left for just a few minutes to go to the store. Contrary to this, the Director was informed that the mother was seen attending her cousin’s wedding ceremony and feast. This is contradicted by the mother’s version. [ 12 ] Immediate protective measures were invoked, and the children had to be placed in another community as there was no place in Town A. [ 13 ] Between September 9 and 19, 2022, the children had to move in four different foster homes in Town B. [ 14 ] The children were eventually placed with their grandmother, Ms. C.

At some point, it became too difficult for Ms. C to care for them. [ 15 ] The child was placed in a regular foster family. [ 16 ] At the beginning of the Director’s intervention, the child did not attend daycare as she had no birth certificate. The child was eventually registered and adapted to this new environment and routine. [ 17 ] The children are young and extremely vulnerable. They count on adult supervision and support for all their needs. They experience difficulties with communication. [ 18 ] The parents have been consuming drugs.

They have not yet addressed these issues but mentioned being willing to seek help. The parents cognized that they need help to be able to regain the child’s care. [ 19 ] The mother went to see the Worker [of the community A], Ms. D, on one occasion.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ; [ 22 ] ORDERS that the child be entrusted to a foster family; [ 23 ] ORDERS that frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection; [ 24 ] RECOMMENDS that the parents receive services regarding their personal issues; [ 25 ] RECOMMENDS that the parents receive services regarding their drug/alcohol consumption abuse (i.e., treatment, relapse prevention); [ 26 ] ORDERS that the child not be exposed to anyone under the influence of drugs, alcohol; [ 27 ] ORDERS that the child not be exposed to any form of violence; [ 28 ] ORDERS that the child attend daycare on a regular basis; [ 29 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 30 ] THE WHOLE for a period of twelve months; [ 31 ] 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 Justine Bergeron Counsel for the child Mtre Yan Massé Counsel for the mother Mtre Yan Massé Counsel for the father Date of hearing: November 21, 2022