2022 QCCQ 12428, 2022 QCCQ 12428

Protection de la jeunesse — 227381 2022 QCCQ 12428 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 614-41-000666-216 DATE: November 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 child and A B parents ______________________________________________________________________ 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 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 it is necessary to revise the order rendered by the Honourable Lucie Godin on January 13, 2022. [ 3 ] Today, the Director recommends that the child remain placed in a foster family for a period of six months, that progressive reintegration starts following three months and that support measures be ordered for a period of one year.

Question in litigation [ 4 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 5 ] The child was recently transferred to another foster family as the foster mother wanted to foster only boys. [ 6 ] The child adapted well to her new environment. [ 7 ] On January 13, 2022, during the last Court hearing, the mother testified to the effect that the parents would probably start a rehabilitation program in February 2022.

At the previous hearing, the parents asked that the case be postponed as they wanted to seek help. [ 8 ] In her judgment, Justice Godin was clear in terms of what was expected from the parents. She wrote the following: We have to keep in mind that these issues (alcohol consumption) are ongoing issues for the parents and this has an impact on their children. (The) parents will have to complete a program and to maintain their sobriety. [ 9 ] The parents have continued to struggle with alcohol consumption issues. They consumed alcohol to the point of intoxication

and used cocaine. [ 10 ] On September 28, 2022, the Tribunal ordered the child’s provisional placement in a foster family. On that date, both parents reported that they would be entering a treatment centre. [ 11 ] At the beginning of October 2022, the parent left for [organism A]. They completed the wellness program on November 10, 2022. Issues of drug and alcohol, sexual abuse and grief were discussed in the program. During her testimony, the mother reported that she felt that the process was useful. [ 12 ] The parents will need to maintain their sobriety.

Support will be made available for them to succeed in this “new reality”.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] REVISES the order rendered on January 22, 2022 by the Honourable Lucie Godin; [ 16 ] ORDERS that the child be entrusted to a foster family for a period of 6 months, with progressive reintegration after three months; [ 17 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection ; [ 18 ] ORDERS that the parents remain abstinent of alcohol and drugs during visits with the child; [ 19 ] AUTHORIZES the Director of Youth Protection to obtain information from service providers working with the family as to progress and attendance; [ 20 ] ORDERS that the parents collaborate with the Director of Youth Protection , meet with the worker upon request and inform the worker of any change of coordinates; [ 21 ] ORDERS that any peace officer collaborate with the directives given; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] THE WHOLE for a period of one year; [ 24 ] 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