2023 QCCQ 5663, 2023 QCCQ 5663

Protection de la jeunesse — 232954 2023 QCCQ 5663 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002940-234 DATE: June 27, 2023 ______________________________________________________________________ BY THE HONOURABLE MARIE-CHANTAL BRASSARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in her quality of authorized person by the Director of Youth Protection A Applicant and X Child and A Mother ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Youth Protection Director has filed an application to have declared that the security or development of the child is in danger according to

section 38 b) 1 iii, b 2), c.1) and e) 2 of the Youth Protection Act. [ 2 ] The Director alleges that the mother has alcoholic issues that lead her to have inappropriate parental attitudes and that are placing the child at risk of neglect. The undeclared father has been incarcerated for conjugal violence on the mother. There have been numerous episodes of violence at home involving the mother and the undeclared father. [ 3 ] The mother is on the waiting list to attend Treatment Center A.

She deeply cares for her daughter, but she needs to address her issues first. [ 4 ] The child has been entrusted to a foster family since March 2023 as a provisional measure. [ 5 ] As final measure, the Director recommends that the child be entrusted to a foster family with a possible reintegration with the mother as soon as the situation allows it or if the mother enrols in a treatment center that offers a mother and child program. [ 6 ] The mother admits the compromising facts, but she denies some of the grounds of endangerment. She acknowledges having alcohol issues and the history of conjugal violence.

She denies having inappropriate parental attitudes as she always ensured the child would be taken care of when she was to go out and drink. And the worker did testify that the mother does show good parental capacity . So the Court will not conclude that the security or development of the child is compromised under

section 38 b) 1 iii). [ 7 ] Nevertheless, the alcohol issues of the mother do represent a serious risk for the child [1] and the exposure to domestic violence [2] has been proven. [ 8 ] Regarding the risk of physical abuse, the mother is the one being victim of violence either by her boyfriend or her father. There were no gesture nor violence nor unreasonable methods of upbringing involving the child. Plus, the mother has taken the necessary steps to put an end to the situation. The Court will adjudicate that the security or development of the child under

section 38 e) 2 have not been proven endangered. [ 9 ] Taking into consideration all evidence adduced and the admissions made by the parties, the Court finds that the security and development of the child are in danger and that the following measures meet her needs and are in her best interest. [ 10 ] It is also noted that the mother agrees with the measures recommended by the Director but was hoping to have the child under her care sooner. But the Court believes that ordering a time limitation to the entrustment to a foster family would simply rush the process

and jeopardize the return of the child. Therefore, the Court will authorize the reintegration of the child with the mother when the situation allows it. If the mother continues her good collaboration with the services and pursues her involvement, a reintegration could soon be implemented. THEREFORE THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child X, born on [...], 2022, are in danger under

section b 2) and c.1) of the Youth Protection Act; [ 13 ] ORDERS that the child be entrusted to a foster family, with a possible reintegration with the mother as soon as the situation allows it; [ 14 ] ORDERS that the child be reintegrated with the mother if the mother enrols in a treatment center that offers a mother and child program; [ 15 ] ORDERS that the child could be reintegrated in a foster family if the mother leaves the treatment center before the end of the treatment; [ 16 ] TAKES JUDICIAL NOTICE that contacts between the child and the mother are being favoured and that sleepovers will be authorized by the Director when the situation allows it; [ 17 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own regard to put an end to the situation; [ 18 ] ORDERS that the mother take an active

part in the application of any measures designed to put an end to the situation; [ 19 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform her of the current situation; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the mother; [ 21 ] ENTRUSTS the situation of X to the DYP A who shall then see that the measures are carried out; [ 22 ] orders that police force collaborate to the execution of the court order; [ 23 ] THE WHOLE UNTIL J une 30, 2024. __________________________________ MARIE-CHANTAL BRASSARD, J.C.Q.

Me Catherine Windisch Attorney for the Youth Protection Me Angèle Tommasel Attorney for the child Me Lythiana Niyonkuru Attorney for the mother Date of hearing: June 27, 2023 Last exhibit: D-12