2020 QCCQ 8205, 2020 QCCQ 8205

Protection de la jeunesse — 202116 2020 QCCQ 8205 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000943-198 DATE: January 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 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 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on April 18, 2019. [ 3 ] Today, the Director recommends that X remain entrusted to the father’s care and that diverse support measures be ordered until November 30, 2020. [ 4 ] The mother is agreeing for the child to be entrusted to both parents.

She agrees with the support measures proposed. [ 5 ] The father and the child’s attorney are in agreement with the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has been doing well in his parents’ care. [ 8 ] During the Youth Protection worker’s visit to the home, it was observed that the child was often watching television. The question of stimulation was raised with the parents.

During those visits, the child appears happy, clean and well cared for. [ 9 ] On July 22, 2019, the child was found wandering alone in the streets, far from his home. As the child was returned to his mother’s care, she did not seem to be overly concerned. She was sober at the time. She had not noticed that the child had left the house. [ 10 ] The parents do not reside together but are still involved in a relationship.

[ 11 ] The mother has continued to consume alcohol. The father has continued to consume cannabis. They have not taken steps to address their consumption issues and have no intention to do so. [ 12 ] The parents are open to receive services from an external educator. They have met with the educator on a few occasions. There are open to receive feedback.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision and extension; [ 14 ] DECLARES that the security or the development of the child continues to be endangered; [ 15 ] REVISES and EXTENDS the order rendered on April 18, 2019; [ 16 ] ORDERS that the child remain entrusted to his parents’ care; [ 17 ] ORDERS that the child and his parents receive the services of an external educator for the period deemed necessary by the professionals; [ 18 ] ORDERS that the child and his parents take an active

part in the application of the ordered measures and that they collaborate with the Director of Youth Protection; [ 19 ] ORDERS that the child and his parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 20 ] ORDERS that the parents remain sober in the child’s presence; [ 21 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning their substance abuse; [ 22 ] AUTHORIZES the Director of Youth Protection to access the information regarding the child’s and his parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 23 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his family; [ 24 ] THE WHOLE until November 30, 2020; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 26 ] 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 Kelly Ann Sinnett Counsel for the child Mtre Angele Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: January 28, 2020