2020 QCCQ 8207, 2020 QCCQ 8207

Protection de la jeunesse — 202118 2020 QCCQ 8207 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000950-193 DATE: January 27, 2020 ______________________________________________________________________ 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 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 27, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucille Beauchemin on July 9, 2019. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care and that diverse support measures be ordered until December 31, 2020. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] On November 12, 2019, immediate protective measures were invoked as both parents were intoxicated in the child’s presence. The parents had an argument and the father left the house. Y was entrusted to his maternal aunt, Mrs. C. X, Z and D were entrusted to their maternal aunt, Mrs. E. On November 13, 2019, the child was returned to the parents’ care. [ 7 ] On November 24, 2019, immediate protective measures were again invoked as both parents were highly intoxicated.

The child was witness to conjugal violence between his parents. As a result of that violence, Z got a scratch under his eye. The father was arrested and the mother had to be medically evacuated to Town A as she expressed suicidal ideations. X and Z were entrusted to Mrs. E. Y and D were entrusted to Mrs. C. [ 8 ] On December 9, 2019, the Tribunal rendered provisional measures to the effect that the child and his siblings be entrusted to Mrs. C and Mrs. E.

[ 9 ] The child is in grade 2 in school. He is doing well academically but sometimes has difficulty to listen to rules from his teacher and from his parents. He does not present with behavioural problems. [ 10 ] The parents recently took steps and started attending the A Centre in Town A. [ 11 ] On December 17, 2019, the parents resumed their follow up with the CLSC. [ 12 ] The parents’ collaboration with the Director fluctuates in time. Since the child’s latest placement, their collaboration is more important.

During his testimony, the Youth Protection worker mentioned that their collaboration was “ awesome ”. [ 13 ] The family’s safety net consist in the important presence of the extended family and in the participation at the Healing Centre. [ 14 ] In January 2020, the Director proceeded with the child’s reintegration to the mother’s care. [ 15 ] It has been observed that the parents have good parenting abilities, but they still need to work on their alcohol consumption issues, relationship and communication issues. At this point, the child’s reintegration to the mother’s care is possible.

The Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] REVISES and EXTENDS the order rendered on July 9, 2019; [ 19 ] ORDERS that child be entrusted to his mother’s care; [ 20 ] ORDERS that the contacts between the child and his father be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 21 ] TAKES JUDICIAL NOTICE that, for now, the Director of Youth Protection agrees for the mother to do the supervision; [ 22 ] ORDERS that the child and his parents receive the services of an external educator for the period deemed necessary by the professionals; [ 23 ] ORDERS that the parents take an active

part in the application of the ordered measures and fully collaborate with the Director of Youth Protection; [ 24 ] ORDERS that the parents remain sober in the child’s presence; [ 25 ] ORDERS that the parents ensure that the child is not exposed to excessive alcohol consumption by other people; [ 26 ] ORDERS that the parents refrain from any kind of violence in the child’s presence; [ 27 ] RECOMMENDS that the parents continue to seek help through the Social Services or another resource deemed appropriate concerning their substance abuse and their personal and marital issues; [ 28 ] RECOMMENDS that the parents continue to attend regularly the A Healing Centre; [ 29 ] AUTHORIZES the Director of Youth Protection to access information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 30 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence; [ 31 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his family; [ 32 ] THE WHOLE until December 31, 2020; [ 33 ] 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; [ 34 ] 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 27, 2020