2020 QCCQ 14727, 2020 QCCQ 14727

Protection de la jeunesse — 202111 2020 QCCQ 14727 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 635-41- 000934-197 DATE: January 29, 2020 ______________________________________________________________________ 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 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 29, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Marc Ouimette on March 1, 2019. [ 3 ] Today the Director recommends that the child remain entrusted to the parents’ care and that support measures be ordered until October 30, 2020. [ 4 ] The mother agrees with the Director’s plan but would prefer that the Youth Protection file be closed. [ 5 ] The father’s first choice would be that the Youth Protection file be closed.

As an alternative, he would be open to receive support service but insist that the Youth Protection worker not see the child at school. [ 6 ] The child shares the father’s opinion. Question in litigation [ 7 ] Are the proposed measures in the child/adolescent’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The child has been doing well under the parents’ care. [ 9 ] She attended school on a regular basis. [ 10 ] From September 10 to mid-November 2019, the mother moved out of the family residence and went to reside with her cousin.

During that time, the father remain the main caregiver for the children.

[ 11 ] Up until the period where he cared alone for the children, the father collaborated well with the Director. He since, refuses to collaborate and to provide the Youth Protection worker access to the child. [ 12 ] During that period, the father had no employment and no income as the mother was receiving all the governmental financial subsidies. [ 13 ] In terms of the father’s alcohol consumption, he reports drinking, once every week, five beers, and not to the point of intoxication. [ 14 ] Between February 5 and May 29, 2019, the father actively participated in psychological counseling.

He also received support from Mr. [Social Worker 1], life coach from the [Network A]. [ 15 ] Since mid-November 2019, the parents have reunited. [ 16 ] The mother’s collaboration with the Director has been fluctuating. [ 17 ] The mother has continue to struggle with alcohol consumption issues. The mother reports that she drinks one time per week, ten beers. [ 18 ] On May 7, 2019, the police arrested the mother for driving a vehicle while impaired by alcohol. [ 19 ] On July 31, 2019, Y witnessed a dispute between her parents where her mother punched her father a few times on his back.

At the time, the mother was intoxicated by alcohol. The mother was arrested for assault. [ 20 ] On September 14, 2019, the police intervened with the parents. The mother was intoxicated. She reported that she was afraid the baby would possibly be sexually molested. Being under the influence, the mother was breaching her conditional sentence. [ 21 ] On October 15, 2019, the mother called the police on three occasions, stating that C was being raped by the father. When the police met with her, she was intoxicated, breaching her conditional sentence order.

Following police verification, it appeared that the information provided by the mother was false. [ 22 ] The mother completed her application to attend [Centre A] in City A. She will possibly start her sessions in March 2020. [ 23 ] On December 18, 2019, the mother brought the child to the Youth Protection office. The child perceives that the family’s situation is getting better, that the mother is not drinking anymore and that the parents are not fighting. [ 24 ] The Director’s involvement remains necessary as the parents have not yet stabilized their own situation.

Problems are recurrent, the parents have reunited and the mother as yet to enter a rehabilitation treatment program. [ 25 ] In order to find the parties’ adhesion in this situation, it is reasonable to ask that social follow-up meetings be held either at the family residence or at the Director’s office.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the application for extension; [ 27 ] DECLARES that the security or the development of the child is still endangered; [ 28 ] EXTENDS the order rendered on March 1, 2019; [ 29 ] ORDERS that the child be entrusted to the care of her/his parents; [ 30 ] ORDERS that the child and the parents report periodically to the Director on the measures they apply in their own regard or in their child regard to put an end to the situation of compromission; [ 31 ] ORDERS that the parents take an active

part in the application of the measures designed to put an end to the situation of compromission; [ 32 ] ORDERS that the parents remain sober in the presence of the child; [ 33 ] ORDERS that the parents refrain from any aggression or violence in the presence of the child; [ 34 ] RECOMMENDS that the mother continue her steps to integrate a treatment center for her alcohol consumption issue; [ 35 ] RECOMMENDS that the mother to seek help through the Social Services or another resource deemed appropriate concerning her alcohol consumption issue; [ 36 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 37 ] ORDERS that the Director of Youth Protection meet the child either at the Director of Youth Protection’s office or at the residence of the family;

[ 38 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 39 ] THE WHOLE until October 30, 2020; [ 40 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 41 ] ORDERS the execution of the present order by any peace officer. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mtre Angele Tommasel Counsel for the mother Date of hearing: January 29, 2020