2022 QCCQ 13925, 2022 QCCQ 13925

Protection de la jeunesse — 224809 2022 QCCQ 13925 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000806-226 DATE : May 27, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2012 child and A B parents ______________________________________________________________________ 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 9.2, 9.3 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 May 27, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of neglect with regards to supervision and a serious risk of neglect. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered for a period of one year. [ 4 ] The parents’ first choice would be for the child to return to their care immediately.

Although, they understand that they need to attend treatment and for a period of time before this can occur. Consequently, they will be in agreement with the Director’s recommendations. [ 5 ] After having heard the evidence, the child’s attorney agreed 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 ] From 2018 to 2019, the family’s situation was followed by the Court of Quebec and the Director of Youth Protection due to the parents’ alcohol consumption issues.

In September 2019, the Director closed its file. [ 8 ] From 2020 to 2021, the child’s situation was again followed by the Court and the Director for similar reasons. The child had to be placed. On November 26, 2021, the parents signed a post-order agreement. Within this agreement, the parents recognized the following facts: • the parents were at risk to relapse;

• the children were at risk for neglect; • the parents were to maintain their sobriety; • the parents were to engage in rehabilitation programs. [ 9 ] Despite their commitment, on three occasions the Director received reports to the effect that the parents had consumed alcohol in the child’s presence. [ 10 ] On January 1 st , 2022, the two older children (X (9) and Y (7) left the home on their own while the parents consumed alcohol in order to search for someone to call social services. Immediate protective measures were invoked and the child was entrusted to a foster family.

Z, Y and C were entrusted to the paternal grandparents’ foster family, while X returned to her former foster parents, Ms.

D. [ 11 ] X was told by her mother not to report to the Director of Youth Protection on what had happened in the house. [ 12 ] On January 10, 2022, the Tribunal entrusted the child on a provisional basis to a foster family. [ 13 ] On February 15, 2022, the Tribunal postponed the hearing and maintained the status quo until April 6, 2022. [ 14 ] On April 6, 2022, the hearing was again postponed and the status quo was maintained. [ 15 ] On January 1 st , 2022 the mother was arrested for assaulting another woman (E). Ms. E had to be medically evacuated to Town A for her fractures and head injuries.

The mother was detained in Town B from January 4 to January 7, 2022. [ 16 ] The child is doing well in the foster family of Ms. D. She participates in online schooling. [ 17 ] Recently, the child mentioned to her foster mother that she did not care if her mother drinks and that she would go back to her care. [ 18 ] The child has been able to receive support from her school social worker. She reported that she was tired of her mother’s drinking. [ 19 ] At this point, the mother is not able to resume care of the child.

Her situation is still unstable and she has not yet fully addressed her alcohol and drug consumption issues. She enrolled in an online rehabilitation program this past Monday. [ 20 ] The family’s difficulties are cyclical and recurrent. Despite the mother’s best efforts, she is unable to maintain her sobriety on a long term period. The child remains exposed to her alcohol use and instability. THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for protection; [ 22 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 iii and 38 b) 2 of the Youth Protection Act ); [ 23 ] ORDERS that the child be entrusted to a foster home for a year, with reintegration back to the mother after nine months; [ 24 ] ORDERS that the mother abstain from alcohol and drugs in the presence of the child; [ 25 ] RECOMMENDS that the mother continue to attend and complete an alcohol and drug abuse program; [ 26 ] RECOMMENDS that the mother continue with her psychological services; [ 27 ] RECOMMENDS that the mother engage in an anger management workshop; [ 28 ] TAKES ACT that the mother agree to undergo random drug testing; consequently ORDERS the mother to undergo random drug testing upon the request of the worker; [ 29 ] ORDERS that the frequency and modality of contacts between the child and the mother be determined by the Director; [ 30 ] ORDERS that contacts occur at a minimum frequency of two per week; [ 31 ] ORDERS that a

schedule of contacts be organized as soon as possible; [ 32 ] ORDERS the mother to fully collaborate with the Director and meet with the worker upon request to update with her progress; [ 33 ] AUTHORIZES the Director to obtain and share information with service providers working with the child and the mother with regards to progress and attendance; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 35 ] THE WHOLE for a period of one year; [ 36 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out.

__________________________________ François Ste-Marie, J.C.Q. Written and signed on July 5, 2022 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 27, 2022