2022 QCCQ 13553, 2022 QCCQ 13553

Protection de la jeunesse — 228020 2022 QCCQ 13553 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-001207-221 635-41-001208-229 635-41-001209-227 DATE: December 21, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2006 Y, born on [...], 2006 Z, born on […], 2019 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR., c.

P-34.1 ) WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied to the Court to have the security and development of the children declared to be in danger, for the child Z pursuant to sections 38b) 2) and 38e)2) of the Youth Protection Act [1] , for the child Y pursuant to sections 38b) 2), 38c) and 38e)2) of the Youth Protection Act [2] , and for the child X pursuant to sections 38b) 2), 38c) and 38e)1) of the Youth Protection Act [3] . [ 2 ] Consequently, the Director of Youth Protection asks the Court to entrust the children to a foster family for a period of one year, as well as other measures to resolve the situation. [ 3 ] At the hearing, the mother was assisted by Mtre Ève Laoun.

The children were represented by Mtre Geneviève Lucas. All the parties have admitted the endangerment and have agreed to the measures proposed by the Director. Y and X do not wish to go back to their mother’s home, and they want to be entrusted to the same foster family. The mother wants her children back as soon as possible, but she respects their wishes. [ 4 ] The following facts were introduced in evidence. [ 5 ] The mother displays anger management issues and alcohol-related problems. Over the past years, the mother has been intoxicated in the presence of the children on multiple occasions.

There are often large groups of people present in the house. The applicant has alleged that when it happens, people are in a state of intoxication. But the mother has added that when it happens, she kicks them out of the house. When intoxicated, the mother is physically and verbally abusive towards the children. The mother has stated that she does not want to be associated to a violent person and that she has not hit her children many times. [ 6 ] The two older children, Y and X, missed at least two months of school. The mother explained it by saying that her daughters were being bullying at school.

The Director alleges that both daughters missed school to watch over their youngest sibling while the mother was drinking. Y and X admitted that they missed school because they were beign bullying, but they also admitted that they felt pressure to miss school to watch over their younger brother while the mother was drinking. [ 7 ] The maternal grandmother expressed her wish to take care of the children but affirmed that the mother harasses her when she

has the children under her care. [ 8 ] In May 2022, X and Y fled to Town A to escape the mother. Around August 24, 2022, the mother informed the Director of Youth Protection that they had returned to Town B about a month before that and were under her care. Since Y and X have been back in their community, the mother’s situation has remained the same regarding her alcohol and anger management issues.

The children can no longer seek refuge with their maternal grandmother, as the mother becomes aggressive when they try to leave the house. [ 9 ] On September 26, 2022, the Director of Youth Protection was informed that X attempted to commit suicide. The Director tried to contact the mother several times, but she refused to give him any information about the children. The mother has isolated the children from a source of safety and put them in a situation of danger. [ 10 ] The mother has not cooperated with the Director.

At the hearing, the mother said that she is open to collaborating with him but does not want him to enter the house without making a plan. She stated that she is ready to commit herself to working on her issues and to receiving help. [ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the applications; [ 13 ] DECLARES that the security and development of the child Z are in danger pursuant to sections 38b) 2) and 38e)2) of the Youth Protection Act [4] ; [ 14 ] DECLARES that the security and development of the child Y are in danger pursuant to sections 38b) 2), 38c) and 38e)2) of the Youth Protection Act [5] ; [ 15 ] DECLARES that the security and development of the child X are in danger, pursuant to sections 38b) 2), 38c) and 38e)1) of the Youth Protection Act [6] ; [ 16 ] ORDERS that the children be entrusted to a foster family chosen by the institution operating a child and youth protection centre until December 31, 2023; [ 17 ] RECOMMENDS that the children be entrusted to the same foster family; [ 18 ] AUTHORIZES the children to be gradually returned to their mother’s care, as soon as the situation allows it; [ 19 ] ORDERS the mother to report periodically to the director on the measures she applies in her own regard or in her children’s regard to put an end to the situation in which the security and development of the children are in danger; [ 20 ] ORDERS that the children and the mother take an active

part in the application of any of the measures ordered by the Court; [ 21 ] ORDERS that the children and the mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 22 ] ORDERS that the terms, frequency and degree of supervision of contact between the mother and the children be determined by the Director; FOR THE CHILD Z : [ 23 ] ORDERS that the visits be gradually increased; [ 24 ] ORDERS that sleepovers be authorized when the situation allows it; [ 25 ] ORDERS that prolonged contacts be allowed during the Holiday period, upon the conditions that they be supervised; FOR THE THREE CHILDREN : Y, X AND Z : [ 26 ] ORDERS that a reintegration be allowed under certain conditions, notably but not exclusively, if: • The mother addresses her alcohol and anger management issues; • The mother remains sober in the presence of the children; • The mother provides an environment free of violence and of alcohol consumption; • The mother engages in the [Program A]; • The mother puts in place an adequate safety net for the child Z which does not involve the youths Y and X if the situation allows and if Y and X wish to. [ 27 ] ORDERS the mother to remain sober in the presence of the children;

[ 28 ] ORDERS the mother to refrain from violent behaviour in the presence of the children; [ 29 ] RECOMMENDS that the mother seek help through social services or another resource deemed appropriate for her alcohol and personal issues; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 31 ] ORDERS the police to cooperate in the execution of this judgment; [ 32 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] The whole until December 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Geneviève Lucas Legal Aid Counsel for the children Mtre Ève Laoun Counsel for the mother Date of hearing: December 21, 2022