2022 QCCQ 6387, 2022 QCCQ 6387

Protection de la jeunesse — 222282 2022 QCCQ 6387 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001019-204 DATE: April 21, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2009 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) submitted an application to the Court to extend the decision rendered on March 11, 2021, entrusting the child to the kinship foster family of her sister, Y. [ 2 ] The parents were not present at the hearing. The child, who was represented by Mtre Nada Boumeftah, was also absent. The Court required her presence to assess her situation and well-being in her foster family. [ 3 ] The parents continue to struggle with excessive alcohol consumption.

They have an unstable relationship due to conjugal violence. They were separated twice between the last decision and the present application. They have not taken any steps to resolve their issues in the current review period. [ 4 ] On August 17, 2021, the child disclosed that she was the victim of sexual gestures from an uncle, C, over several years and that the adults in charge were not protective. She expressed that she was between 9 and 11 years old when the events of sexual abuse happened. The Court declared that her security and development were in danger under

section 38(d)(1) of the Youth Protection Act . [ 5 ] During this review period, she complained to extended family members and at school that she did not have enough food at her foster family’s home. [ 6 ] After those complaints, the foster family’s environment was inspected but the allegations were not corroborated.

At the hearing, the Court asked her questions about her well-being in her foster family and she confirmed that her sister provides her with a safe and stable environment and that there are no issues with food. [ 7 ] The child acknowledges that she is doing well in her foster family but wishes to be entrusted to her mother as soon as possible. [ 8 ] The DYP has closely followed the child’s situation regarding her complaints to ensure that the child will not have contact with her uncle C.

The applicant is reassured that the child’s sister is very protective of her. [ 9 ] In light of the fact that the incident of sexual abuse in her past seems to have affected child deeply, it is in her best interest to have a follow-up with a psychologist. [ 10 ] It is premature to order a permanent placement for the child. The disclosure about not having enough food in her sister’s environment has created instability in her placement. Her sister still wants to offer a healthy and secure environment but she is not ready to decide on a long-term involvement.

[ 11 ] Unfortunately, the parents’ situation has not changed, and they still struggle with severe addiction issues and an unstable relationship due to domestic violence. It is not possible to foresee a return of the child to her parents’ care without changes being made on a long-term basis. For the parents to achieve this goal, they will have to seek treatment and counselling and cooperate in a meaningful way with the DYP.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child X, born on […], 2009, are still in danger; [ 14 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely that of her sister, Y; [ 15 ] ORDERS that the child and the parents take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 17 ] ORDERS that the child receive specific health care and health services and follow-up by a psychologist; [ 18 ] ORDERS that the child’s parents ensure that the child does not come into contact with C; [ 19 ] PROHIBITS C from having contact with the child; [ 20 ] ORDERS that the parents remain sober in the presence of the child; [ 21 ] ORDERS that the parents refrain from any violent behaviour in the presence of the child; [ 22 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 23 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement with the services provided; [ 24 ] ORDERS that contact between the child and the parents be determined by the Director of Youth Protection with respect to the terms, frequency, and degree of supervision; [ 25 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits to the parents’ residence when the child is present; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child, the child’s family and the foster family. [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 28 ] THE WHOLE until December 30, 2022.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Nada Boumeftah For the child Mtre Geneviève Apollon For the applicant Mtre Ève Laoun For the mother Date of hearing: April 21, 2022