2022 QCCQ 9008, 2022 QCCQ 9008

Protection de la jeunesse — 224853 2022 QCCQ 9008 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001168-217 DATE: January 19, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 child and B mother ______________________________________________________________________ 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 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 18, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered due to a situation of serious risk of neglect and of psychological ill-treatment. [ 3 ] Today, the Director recommends that the child remain entrusted to the mother’s care and that support measures be ordered until October 31, 2022. [ 4 ] The mother recognizes that the child was exposed to violence and alcohol consumption.

She agrees with the Director’s recommendations. [ 5 ] The child’s attorney agrees with the Director’s plan. Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 7 ] Did the Director present preponderant evidence in relation to the mother using denigrating comments towards the child? Context and analysis [ 8 ] The child’s was traditionally adopted by her grandmother. She resides with her mother, her sister Y (her biological mother), her sister Z and her brother A. [ 9 ] The mother and Mrs. Y struggle with alcohol consumption issues.

The mother also acknowledges consuming marijuana. When the mother is intoxicated she has a tendency to fight with her older daughter, Y. The mother mentioned that she reduced her consumption a lot since December 2021. [ 10 ] On November 18, 2020, the police had to intervene at the family house following an argument. At the time, the mother was

intoxicated with alcohol. She requested that the police get her daughter Y out of her house. [ 11 ] On July 12, 2021, the police had to intervene regarding a dispute between the mother and her daughter Y. At the time Y was intoxicated. [ 12 ] On July 23, 2021, the police had to intervene in the family house as the mother wanted to expel her daughter’s Y from the home. At the time, Y was intoxicated. [ 13 ] On July 28, 2021, the police intervene following a call from the mother. She reported that her daughter Y was intoxicated by alcohol and causing trouble in the residence.

At one point, during the police intervention, Y threw a doll in her mother’s direction. [ 14 ] On September 4, 2021, the police had to intervene at the mother’s request in order to expel her daughter’s Y from the home. Y was intoxicated. During the police intervention, Y made suicidal threats and was eventually transported to the Nursing centre. [ 15 ] On September 7, 2021, the Youth Protection worker accompanied by the police intervened in the family home. At the time, the mother was heavily intoxicated by alcohol.

On that day, the mother signed a contract with the Youth Protection worker undertaking to remain sober in the child’s presence. [ 16 ] On the same day, the mother called the Youth Protection worker stating she had issues with her daughter Y. When the Youth Protection worker went to the home, the mother was found intoxicated. At some point, Y arrived at the home, intoxicated, and started arguing with the mother in the child’s presence. [ 17 ] On September 8, 2021, the police intervention was necessary. At the time, both the mother and Y were intoxicated.

The mother reported having been hit by her daughter Y. [ 18 ] On September 9, 2021, the Director received a signalement alleging that the mother and the child’s sister went into a fight while intoxicated in the child’s presence. During this event, the mother would have denigrated the child stating that she was “ ignorant ” and a “ bitch like her biological mother ”. Following this event, the child was placed in a foster family for the night. The mother always denied ever swearing and denigrating the child.

During her testimony, the Youth Protection worker recognized that following her evaluation, she was unable to substantiate the last part of the signalement. Consequently, the Director has not presented preponderant evidence in relation to the mother swearing or denigrating the child. [ 19 ] On September 10, 2021, the mother agreed on a 30 day temporary basis, that the child be under the care of her daughter Z and that she would remain sober in the child’s presence. [ 20 ] On September 25, 2021, the police had to intervene as Y had fought with the mother.

During the police intervention, the mother was intoxicated by alcohol. [ 21 ] On November 8, 2021, the police intervene in the family house. They found the mother intoxicated by alcohol. Despite her undertaking not to consume alcohol in the child’s presence, the child was in the house during the police intervention. [ 22 ] The mother mentions that she recognizes the importance of her alcohol consumption issues. Although, she has not sought any formal support to address her issues.

She reports understanding that if she wants to consume alcohol, she should not remain in the house so that the child is not exposed to alcohol consumption and arguments. [ 23 ] The mother’s collaboration with the Youth Protection worker is minimal. She will have to actively collaborate with the Director and be transparent. It is clear that the mother loves her daughter. But despite good intentions and formal undertakings with the Director up until now, she was unable to prevent situations where the child was exposed to violence and alcohol consumption.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for protection; [ 25 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

c) of the Youth Protection Act ); [ 26 ] ORDERS that the child remain entrusted to the care of her mother; [ 27 ] ORDERS that the mother report periodically to the Director on the measures she apply in her own regard or in her child’s regard to put an end to the situation of compromission; [ 28 ] ORDERS that the mother take an active

part in the application of the measures ordered; [ 29 ] ORDERS that the mother remain sober and without any violent behaviors in the presence of the child; [ 30 ] RECOMMEND S that the mother seek formal help through the Social Services for her personal issues; [ 31 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services; [ 32 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits to the family home; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family;

[ 34 ] THE WHOLE until October 31, 2022; [ 35 ] 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 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Jean-Bernard Terrisse Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: January 19, 2022