2022 QCCQ 12455, 2022 QCCQ 12455

Protection de la jeunesse — 227408 2022 QCCQ 12455 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000892-226 DATE: November 24, 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 24, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation or serious risk of neglect in terms of supervision and has the parents fail to meet the child’s basic needs in terms of supervision. [ 3 ] Today, the Director recommends that the child be placed in a foster family for nine months, that a progressive reintegration be started after six months and that support measures be ordered for the coming year. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child resides with her sister and parents at the paternal grandparents’s residence. [ 7 ] The parents have ongoing issues with alcohol and drug consumption. [ 8 ] On July 2, 2022, the father sneaked out of the home to go drinking, without advising the paternal grandmother. The paternal grandmother is unable to assume the child’s full responsibility as she is in a wheelchair.

The social emergency worker arrived at the home and found the children crying. [ 9 ] On July 6, 2022, the parties signed a provisional agreement whereby the child was maintained with the mother while the parents were to seek help for their issues. [ 10 ] On September 11, 2022, the child’s situation was again reported as the mother had left the child with a third party to go out and

consume alcohol. The maternal grandmother refused to care for the child. The mother feels unsupported, alone, and tired. Immediate protective measures were invoked, and the child was placed in a foster family. [ 11 ] On September 15, 2022, the Tribunal extended the application of immediate protective measures for a maximum of five working days. [ 12 ] On September 21, 2022, the Tribunal ordered the child’s provisional placement in a foster family. [ 13 ] The child adapted well to the foster family’s environment. Since the child’s placement, the father has not contacted the Director.

The Youth Protection worker was recently able to meet with the mother. She acknowledged that both parents had been binge drinking for some time. [ 14 ] On November 4, 2022, the Tribunal maintained the status quo. [ 15 ] The parents have just started to take formal steps to address their issues. They applied to two different treatment centres. The father began meetings with a community worker. [ 16 ] The mother plans to attend treatment Centre A for six weeks, either in January or February 2023.

The father took steps to enter the six-week program at Centre B. [ 17 ] The parents need to take care of themselves before being able to take care of their daughters. They will have to take all the tools at their disposition to maintain their sobriety.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] 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 ); [ 20 ] ORDERS that the child remain placed in a foster family for a period of nine months, with progressive reintegration to the parents’ care after six months; [ 21 ] ORDERS that the frequency and modality of contacts between the child and the parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 22 ] RECOMMENDS that the parents attend and complete an alcohol/drug treatment program; [ 23 ] ORDERS that the parents collaborate with the Youth Protection worker and meet the worker upon request; [ 24 ] AUTHORIZES the Director to obtain and share information with service providers working with the child and parents as per attendance and progress; [ 25 ] ORDERS that any peace officer collaborate with the execution of the Court order if requested to do so by the Director or one of its representatives; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 27 ] THE WHOLE for a period of one year; [ 28 ] 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 Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 24, 2022