2023 QCCQ 6433, 2023 QCCQ 6433

Protection de la jeunesse — 233368 2023 QCCQ 6433 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001069-209 DATE: April 6, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 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 April 6, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Éric Hamel on June 14, 2022. [ 3 ] Today, the Director recommends that the child remain with the mother and that diverse support measures be ordered until October 31, 2023. [ 4 ] The mother 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 has continued to be entrusted to the mother’s care. She has regularly been absent from school without proper justification. As reported by the school, “ the main obstacle to (the child’) academic success it (her) attendance [1] ”. Since the beginning of the school year, the child’s school attendance has somewhat improved.

The mother reports that for the last month, it has been easier to send the child to school. [ 7 ] The mother’s collaboration with the Director is irregular. At times, it was difficult for the Director to reach her. She did not present herself to some scheduled meetings with the Youth Protection worker. [ 8 ] The mother has continued to struggle with alcohol consumption issues.

She reported that she reduced her alcohol consumption and that she does not drink in front of the child. [ 9 ] On August 13, 2022, at approximately 8:00 p.m., the police observed the mother walking intoxicated by alcohol in front of the police station. On that occasion, the child was left without proper supervision in the family house.

[ 10 ] On October 13, 2022, the mother was arrested for breaching the peace. At the time she was intoxicated by alcohol. [ 11 ] The mother has not taken any formal steps to address her issues. She has no active follow-up with Social Services. [ 12 ] The mother expressed her interest in attending a treatment centre, however she has yet to register to such program. [ 13 ] Although it was ordered that the family receive the services of an external educator, the Director was unable to ensure that this measure be implemented. [ 14 ] The family situation is still fragile.

Consequently, the Director’s support remains necessary. THEREFORE, AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] EXTENDS the order rendered by Justice Éric Hamel on June 14, 2022; [ 18 ] ORDERS that the child remain entrusted to the mother; [ 19 ] ORDERS that the mother take an active

part in the application of any of the measures ordered; [ 20 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply in her own regard or in the child’s regard to put an end to the situation of compromission; [ 21 ] ORDERS that the child attend school; [ 22 ] ORDERS that the mother remain sober in the presence of the child; [ 23 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her alcohol issues; [ 24 ] 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; [ 25 ] ORDERS that the mother ensure that all contacts with the grandfather, Mr.

D be supervised by a reliable third party; [ 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 until October 31, 2023; [ 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 June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: April 6, 2023