2022 QCCQ 12083, 2022 QCCQ 12083

Protection de la jeunesse — 227119 2022 QCCQ 12083 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF […] Youth Division No: 640-41-002825-229 DATE: October 19, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2022 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 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 submits an application for protection for the child X and asks to declare that the security and development of X are in danger under

section 38 (b)(1)(iii), 38(

c) and 38(e)(2) of the Youth Protection Act [1] . [ 2 ] In the situation of X, and his siblings Y, Z, and C, the Director asks the Court to order that the children be entrusted to a foster family until June 30, 2023. [ 3 ] The parents and the children have admitted the situation. They all agree with the recommendations proposed in the situation. The child Y agrees with the recommendations but wants to change foster family because she said she does not like this family. They are mean to her. [ 4 ] The following facts were introduced into evidence. [ 5 ] The parents have six (6) children together.

In addition, the children have a biological sibling who was traditionally adopted, but her mother has passed away recently. Since then, the mother, Ms. A, takes care of him. [ 6 ] Since April 6, 2022, the Director accepted reports concerning the children. The facts reported were about the parents’ substance abuse, an unresolved history of neglect by the parents and a serious risk of physical abuse following the unresolved history of violence from the parents. The file was closed and other reports were accepted in June 2022 and July 2022.

Since September 20, the children have been entrusted to a foster family on provisional measures. [ 7 ] The events reported concerned events related to the parents’ intoxication in the presence of the children. The mother confirmed that they consumed alcohol in the presence of their children three (3) times in a short period of time. They did not find a safety plan for the children. The mother confirms that she took the decision to consume despite the presence of her children. [ 8 ] The mother has now been sober for a long period of time.

In July 2022, she stated that her situation had been deteriorating lately because she felt overwhelmed by being a stay-at-home mother and not receiving any support. She was still affected by her mother’s death and said that she needed help. She stated that she will not drink again without using a safety plan. On September 1, 2022,

the mother called the DYP’s emergency line and admitted being intoxicated in the presence of the children. She was afraid for her children’s safety and her own. The father was out of the house and highly intoxicated. The mother stated that he can get very aggressive when he is under the influence of alcohol. On September 14, 2022, Y stopped a police car on the road and told the police officers that the parents were intoxicated by marijuana and unable to care for the child X. On September 16, 2022, the children’s situation was again reported.

The father got arrested while intoxicated by alcohol and told the police officers that he was going to kill all his children. [ 9 ] The parents have demonstrated in the past that they are capable of taking the necessary steps to better their situation and have their children back under their care. They admit that currently, the return of their children under their care is impossible. They know that they need to work on their individual and conjugal issues to provide an appropriate and safe environment for their children.

Their children have gone through a lot of trauma and have been witness to the conflictual relationship between the parents. THE SITUATION OF THE CHILD X [ 10 ] X is a young infant of […] months. He needs his parents to be fully available to answer all his basic needs. He has been left unsupervised, crying, and showing serious signs of neglect as his diaper had not been changed in hours. Since September 19, 2022, he has been entrusted to the specialized foster home in Town A with his brother C.

THE SITUATION OF THE CHILD Y [ 11 ] Y is a 9-year-old child who is a responsible and independent girl and who appears to be developing normally for her age. She enjoys helping her parents care for her younger siblings. She is beginning to voice her opinion on the ongoing situation and shared not wanting to live with her father anymore. Y verbalized that their parents consume alcohol and that the children are sometimes afraid of their father when he is under the influence of alcohol, as he can use violence toward objects, such as breaking the television.

Y also confirmed that the conflicts between both parents have happened more frequently over the past few weeks. She has been entrusted to a foster family since September 19, 2022. She told her counsel that she doesn’t like this family because they are mean to her. The applicant never heard about this before the hearing of the file. The applicant undertakes to look into this the day after the hearing. THE SITUATION OF THE CHILD Z [ 12 ] Z is a five 5-year-old girl who can be described as curious and adventurous. She appears to be developing well for a child her age.

She is very talkative and is able to express herself well both in English and Inuktitut. She does not display any concerning behavioural or health issues and attends school regularly. She is entrusted with her sister Y. THE SITUATION OF THE CHILD C [ 13 ] C is a 3-year-old friendly, social, and calm boy. He is independent and curious. He appears to be developing well for his age and does not present any concerning health or behavioural issues.

Since September 19, 2022, he has been entrusted to the specialized foster home in Town A with his brother X. [ 14 ] After taking into consideration the documentary evidence, the testimony and the positions 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: [ 15 ] GRANTS the amended application for revision; [ 16 ] DECLARES that the security and development of X, born on [...], 2022, are in danger under

section 38 (b)(1)(iii), 38(

c) and 38(e)(2) of the Youth Protection Act [2] ; [ 17 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 18 ] ORDERS that the child be gradually reintegrated under the care of the parents as soon as the situation allows; [ 19 ] ORDERS that contact between the parents and the child be determined with respect to the terms and frequency by the Director of Youth Protection; [ 20 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the child and the child’s parents take an active

part in the application of any measures ordered by the Court; [ 22 ] RECOMMENDS that the parents seek help through the social services concerning their alcohol, drug, and personal issues; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] The whole until June 30, 2023 .

__________________________________ NATHALIE SAMSON, J.C.Q. Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the child Mtre Angèle Tommasel Counsel for the mother Mtre Elizabeth Pouliot Counsel for the father Date of hearing: October 19, 2022