2022 QCCQ 8577, 2022 QCCQ 8577

Protection de la jeunesse — 224839 2022 QCCQ 8577 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001058-202 DATE: January 21, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 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 21, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on June 10, 2021. [ 3 ] Today, the Director recommends that the child remain placed in a rehabilitation centre and that support measures be ordered until June 30, 2022. [ 4 ] The parents agreed with the Director’s plan. [ 5 ] The child wanted to return to the community as soon as possible, but in the meantime, he agreed 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 remained placed at the A group home in Town A. He experienced difficulties respecting the group home rules and expectations. He was aggressive towards other youths and staff in the group home. He consumed marijuana and cigarettes. He experimented tantrums and ran away on several occasions. When he runs away, he puts himself in dangerous situations.

On occasions, he had suicidal ideations. [ 8 ] Due to an important increase in his difficult and dangerous behaviours, on November 10, 2021, the child was transferred to the [Unit A] in Town B for a period of 30 days. [ 9 ] Due to the child frequent AWOL, the psychologist was unable to start a psychological follow-up with him. [ 10 ] The Director took steps for the child to be assessed with the NEAT clinic for Fetal Alcohol Spectrum Disorder.

[ 11 ] The parents still struggle with alcohol consumption issues. Contrary to their undertaking, they did not seek treatment at the A Treatment Centre. Since June 2021, they stop their follow-up with Social Services. The parents are often under the influence of alcohol when the Youth Protection worker or educator would contact them. The mother’s attorney mentioned that her client reported consuming less than before.

The father’s attorney reported that her client wanted to attend treatment with the mother. [ 12 ] On September 24, 2021, the parents got intoxicated by alcohol at the community bar while the child was under their care for a visit. During that visit, the child ran away. [ 13 ] On July 19, 2021, the Director completed his evaluation of the milieu of Ms. C and Mr. D. The Director concluded that they would not be recognized as a foster family. [ 14 ] The parents’ collaboration with the Director has fluctuated with time. They missed a few appointments and did not take steps to address their situation.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] EXTENDS the order rendered on June 10, 2021; [ 18 ] ORDERS that the child be entrusted to a rehabilitation centre; [ 19 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 21 ] ORDERS that the parents remain sober in the presence of the child; [ 22 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 23 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 24 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 25 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 26 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence when the child is with them; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 28 ] THE WHOLE until June 30, 2022; [ 29 ] 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 Nada Boumeftah Counsel for the child Mtre Ève Laoun Counsel for the mother Mtre Gabrielle Francoeur Counsel for the father Date of hearing: January 21, 2022