2022 QCCQ 12442, 2022 QCCQ 12442

Protection de la jeunesse — 227395 2022 QCCQ 12442 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000817-223 DATE: November 22, 2022 ______________________________________________________________________ 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 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 November 22, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucie Godin on April 4, 2022. [ 3 ] Today, the Director recommends that the child remain placed in a foster home and that support measures be ordered for a period of one year. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] In her last judgment, Justice Godin was quite clear as to what was expected from the parents: The mother and her partner relationship is unstable. The parents acknowledge they have an issue with drinking and exposure to drugs that impacts on their children. They have made efforts in seeking the help that they need to resolve their situation. They still need supports to achieve their goals.

Even though the parents seem to be motivated to change their situation, they certainly need to take the necessary steps in a short term. [ 7 ] The parents’ situation remained essentially the same. Since the last judgment, the parents maintained a “on and off” relationship. At the end of September 2022, the father physically assaulted the mother. The mother eventually went to the women’s shelter [of Town A].

[ 8 ] The mother has not yet attended any formal treatment to address her consumption issues. She kept regular contact with her [organism A] worker and is in a process to register to the [Centre A]. [ 9 ] The father still consumed drugs and alcohol. He reported quitting drinking two weeks ago and sometimes consuming marijuana. He has not attended any formal treatment regarding his issues.

He mentioned having recently applied to the [Program A]. [ 10 ] On August 5, 2022, during a visit with Y, Z and C, the parents consumed drugs and alcohol. [ 11 ] On September 2, 2022, Z and Y reported that they found their parents intoxicated, so they went to their maternal grandmother’s place. [ 12 ] The child is thriving in her foster family. She feels safe in this environment. She is also been doing well in school. [ 13 ] On October 5, 2022, the Tribunal maintained, on a provisional basis, the child placed in a foster family. The child misses being at home with her mother.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for revision; [ 15 ] DECLARES that the security or the development of the child is still endangered; [ 16 ] REVISES the order rendered on April 4, 2022 by the Honourable Lucie Godin; [ 17 ] ORDERS that the child be entrusted to a foster family for a period of one year with reintegration to the mother after six months if she complete a substance abuse treatment program, followed by three months of sobriety; [ 18 ] ORDERS that the child attend school regularly; [ 19 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection for the frequency and modalities; [ 20 ] ORDERS that the child not be exposed to anyone under the influence; [ 21 ] ORDERS that the child not be exposed to any form of violence; [ 22 ] ORDERS the parents to abstain from drugs and alcohol in the presence of the child; [ 23 ] RECOMMENDS that the parents attend any workshops from [organism B] services recommends; [ 24 ] RECOMMENDS that the mother seek help for her alcohol and drug abuse; [ 25 ] RECOMMENDS that the mother continue seeing her worker from [organism B] services; [ 26 ] RECOMMENDS that the father attend a treatment program for his drug and alcohol addictions; [ 27 ] TAKES JUDICIAL NOTICE that the father is registered to a treatment program in Town B; [ 28 ] RECOMMENDS that the father attend an anger management program and have his parental capacities assessed; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 30 ] THE WHOLE for a period of one year; [ 31 ] 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 6, 2023 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 22, 2022