2022 QCCQ 14567, 2022 QCCQ 14567

Protection de la jeunesse — 229133 2022 QCCQ 14567 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000954-222 DATE: September 6, 2022 (written judgment rendered on December 15, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2012 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2 et 9.3 et 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2012, are endangered under paragraphs (b) (2) and (

c) of

section 38 [1] of the Youth Protection Act . [ 2 ] The DYP asks to entrust the child to Y until January 31, 2023, with a reintegration under the mother’s care at the end of the placement or as soon as the situation allows it, with aid counsel and assistance until July 31, 2023. Position of the Parties [ 3 ] The mother is present and represented by Me Jennifer Lévesque Girard.

She recognizes that the security and development of her child are endangered, but the contests the measures and asks that the children be entrusted back under her care at the strict exclusion of the father. [ 4 ] Despite being dully served, the father is absent and not represented. The Court proceeds in his absence. [ 5 ] The child is 9 and half years old. He is represented by Me Samuel Richard-Guertin.

After hearing the evidence, Me Richard- Guertin submits to the Court that the situation of the child is endangered and that the measures suggested by the DYP are in his best interest. [ 6 ] The child has siblings: Z (10 months) and A (8 years). The Court is also seized with their situations. Facts and Analysis [ 7 ] The family’s situation is known from the DYP since 2017. Indeed, at that time, the family had been followed and received services for psychological ill-treatment (exposure to domestic violence) and for serious risk of neglect (addiction from the parents).

Another follow-up was offered from 2018 to 2022 for the same reasons. [ 8 ] In December 2021, the DYP received new reports about the children. This time, the children were reported for neglect on the physical level, serious risk of neglect and neglect in term of educational and supervision. After evaluation, the DYP did not retained the report for neglect on physical level nor regarding the educational needs but retained for serious risk of neglect and psychological ill- treatment. [ 9 ] As admitted by the mother, the conjugal relationship continues to be very conflictual on both sides.

The mother also recognized that the children are exposed to such violence.

[ 10 ] The parents are both facing criminal charges for conjugal violence and doing so are bounded by prohibition of contacts between them. Unfortunately, as it was the case in the past, this prohibition of contacts is not respected and each time, another event of conjugal violence occurs. [ 11 ] The parents are still displaying alcohol consumption issues which put their children in a situation where they are at risk to be neglect.

Moreover, despite the efforts made by the mother to ovoid her children seeing her under the influence by looking for a babysitter, the father tends to pick up the children and bring them back at the mother’s place knowing that she is intoxicated. [ 12 ] The mother is honest about her alcohol addiction issues and recognizes the impact on her children. [ 13 ] The situation of endangerment is admitted by the mother and obvious from the evidence. [ 14 ] Regarding the measures suggested by the mother, the Court cannot concur to such proposition considering the non respect of the prohibition of contacts between the parents and recurrency of the breach of condition from both parents.

Even if the mother would make some efforts, those efforts could be reduced to nothing due to the father’s behaviour. [ 15 ] The Court must make sure that the children will be safe and unfortunately, the option suggested by the mother cannot ensure such safety. FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on [...], 2012, are endangered under paragraphs (b) (2) and (

c) of

section 38 of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted to Y until January 31, 2023, and in the measure that she will be accredited foster family of closeness and that the child be entrusted as so; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s parents until July 31, 2023; [ 20 ] ORDERS that the child be reintegrated to her mother at the end of the placement or as soon as the situation allows it, [ 21 ] ORDERS that the contacts between the child and the parents be supervised and determined by the Director of Youth protection as for length, frequency and modalities including the presence of a third party is deemed as long as judged necessary; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 23 ] ORDERS that the parents do not consume any drug or alcohol and that they remain sober in the child’s presence; [ 24 ] ORDERS that the parents undertake to ensure the child is not in the presence of people under the influence of drug or alcohol; [ 25 ] ORDERS that the child and the parents commit to actively participate in the measures designed to put an end to the situation; [ 26 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Marie-Michelle Grenier, attorney for the Director of Youth Protection Me Samuel Richard-Guertin, attorney for the child Me Jennifer Lévesque Girard, attorney for the mother Date of hearing: September 7, 2022