2022 QCCQ 9005, 2022 QCCQ 9005

Protection de la jeunesse — 224850 2022 QCCQ 9005 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001163-218 DATE: January 19, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 child and A mother ______________________________________________________________________ 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 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 January 19, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development are endangered due to a situation of neglect regarding supervision and a serious risk of neglect. The Director also alleges that the child is the victim of physical abuse and psychological ill-treatment. [ 3 ] On November 25, 2021, the Tribunal entrusted the child, on a provisional basis, to her sister Mrs.

B. [ 4 ] Today, the Director recommends that the child be entrusted to a foster family and that support measures be ordered until December 31, 2022. [ 5 ] The child’s attorney agrees with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 7 ] The mother struggles with cannabis, cocaine and alcohol consumption issues. At times, the mother can be aggressive towards the child.

The child reported to the Youth Protection worker that on the night of June 8, 2021, her mother pulled her hair because she was mad at her. This type of behaviour occurred on multiple occasions. The child also mentioned that her mother would slap her on her hand, with an open hand. During a meeting with the Youth Protection worker, the mother denied any incident of physical abuse. [ 8 ] The child also reported that her mother would sometimes ask her to do chores in the middle of the night.

She used denigrating language insinuating that the child had slept with men. [ 9 ] The mother’s exact whereabouts are unknown as she often travels from Town A to Town B.

[ 10 ] Since May 15, 2021, the child has been living with her sister, Mrs. B. Since then, the mother did not see the child and only had phone contacts with her. [ 11 ] In November 2021, Mrs B notified the Director that the mother did not agree for the child to remain living in her care anymore. The mother mentioned that Mrs. B was kidnapping the child. [ 12 ] The child is afraid of her mother when she is under the influence of drugs or alcohol. She wants to remain entrusted to her sister’s care. The child attends grade 3 at [School A]. She is doing well and attends regularly. Mrs.

B is able to continue providing good care for the child. [ 13 ] The Director has been unable to reach the mother to have the child receive her Covid vaccination. THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 1 iii, 38 b) 2, 38

c) and 38 e) 1 of the Youth Protection Act ); [ 16 ] ORDERS that the child be entrusted to the care of her sister, Mrs. B; [ 17 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is assessing Mrs. B as a potential foster family for the child; [ 18 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the mother remain sober in the presence of the child; [ 20 ] ORDERS that the mother remain without any violent behavior in the presence of the child; [ 21 ] ORDERS that the mother take an active

part in the application of the measures ordered; [ 22 ] RECOMMEND S that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her alcohol, drugs and personal issues; [ 23 ] ORDERS that the contacts between the child and the mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 24 ] WITHDRAWS from the mother certain attributes of her parental authority relating to school, activities, health and travel and GRANTS the exercise of these attributes to Mrs.

B; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 26 ] THE WHOLE until December 31, 2022; [ 27 ] 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 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Alexandre Thibault Counsel for the child Date of hearing: January 19, 2022