2022 QCCQ 8570, 2022 QCCQ 8570

Protection de la jeunesse — 224832 2022 QCCQ 8570 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000830-171 DATE: January 20, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 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 20, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Jean Gravel on May 4, 2021. [ 3 ] Today, the Director recommends that the child be entrusted to a rehabilitation centre until July 31, 2022 and that support measures be ordered until December 31, 2022. [ 4 ] The mother contests the Director’s recommendations. She does not ask for the child to return to her care.

She is worried for her daughter to remain in a rehabilitation centre. She would prefer that the child be placed in a foster family. She suggested Mrs. C as a potential resource. [ 5 ] The father did not come to Court. [ 6 ] The child’s attorney mentioned that her client would prefer to return to her father’s care. If that was not possible, she agrees to remain in a centre for a period of six months. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights?

Context and analysis [ 8 ] For a certain period of time, the child has continued to thrive in her maternal aunt’s foster family in Town A. Mrs. D, the child’s foster mother, was able to provide her with a safe and stable environment. The child mentioned enjoying her stay with her aunt in Town A, but reported missing her family and friends in Town B. The foster mother was weary of continuing to provide foster care for the child as the parents are spreading negative rumors in the community of Town A.

[ 9 ] Up until the mother moved to Town A, the child did not have many contacts with her parents. [ 10 ] In September 2021, the Youth Protection worker was informed that the mother was not respecting modalities of contacts with the child. She would keep her for days without authorization. By doing this, the mother sabotaged and jeopardized the child’s placement with her aunt. [ 11 ] On September 30, 2021, the child had to be transferred to the foster family of Ms. E in Town C as Mrs. A could not ensure her security anymore. The child’s transition was difficult. She ran away. The father and X’s sister, Mrs.

Y, removed the child from Ms. E’s foster family. [ 12 ] On October 4, 2021, Ms. E called the police and the Youth Protection worker as the child had not come back. X was found the next morning at Mrs. Y’s house. Mrs. Y consumed alcohol on the night of October 4. By doing this, the father and the child’s older sister sabotaged and jeopardized the child’s placement with a foster family in Town C. [ 13 ] On October 6, 2021, the child ran away another time.

Immediate protective measures were eventually invoked and she was place in a group home. [ 14 ] On October 9, 2021, the child ran away again until October 13, when she integrated the group home once more. [ 15 ] The child adapted to the group home in Town C and has been able to follow the routine and structure. Since January 2, 2022, she has been moved to another resource. The child knows that she has to continue working hard on her issues to be able to transfer to the community. [ 16 ] The parents’ situation remained essentially the same. They still struggle with alcohol consumption and conjugal violence issues.

They have not sought any formal support to address their personal issues. Despite their reported willingness, they never contacted the [Centre A]. [ 17 ] During their stay in Town C, the parents have been banned from the [Hotel A] due to their behaviours when they are intoxicated by alcohol. The mother also presented herself to the group home while under the influence of alcohol. She then became verbally aggressive with the group home staff. [ 18 ] On July 9, 2021, the police had to intervene as the mother was intoxicated by alcohol and was suicidal.

She was eventually brought to the Nursing Centre. [ 19 ] On July 19, 2021, the police was called to escort the parents out of a house. At the time, they were both intoxicated by alcohol. [ 20 ] On July 23, 2021, the father called the police reporting that the mother was throwing rocks at their house. At the time, both parents were intoxicated by alcohol. [ 21 ] On July 24, 2021, the father called the police again, reporting that the mother was drunk ant that she wanted to fight with him.

During the police intervention, both parents were intoxicated by alcohol. [ 22 ] On August 4, 2021, the mother called the police, reporting that the father was drunk and throwing her belongings on the street. [ 23 ] In September 2021, the mother informed the Youth Protection worker that she was now residing in Town A, hiding from the father, since he physically assaulted her. Her residential situation in Town A is unstable. She still does not wish to take steps to receive help from Social Services. [ 24 ] On November 4, the police had to intervene as the mother was assaulted by Mr.

F. [ 25 ] On November 16, 2021, the police intervened as the mother tried to commit suicide. [ 26 ] During her testimony, the Youth Protection worker mentioned that several names of potential resources suggested by the mother were denied by the foster family department. [ 27 ] The Youth Protection worker expectations for the parents are clear: • that they ensure stable residential situation; • that they provide the Director with their whereabouts; • that they collaborate and communicate with the Director; • that they participate in the measures; • that they address their own personal issues; • that they seek support services in the community; [ 28 ] The parents’ collaboration with the Director has been minimal and not sufficient.

It has been very difficult to reach them. In that context, it is necessary to entrust the Director with the exercise of some attributes of parental authority. The parents’ contacts with the children were only sporadic. Their situation is difficult, but if they want to mobilize and stabilize their situation, resources are available in the community.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for extension; [ 30 ] DECLARES that the security or the development of the child is still endangered; [ 31 ] EXTENDS and REVISES the order rendered by the Honourable Jean Gravel on May 4, 2021; [ 32 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre, until July 31, 2022; [ 33 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 34 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 35 ] ORDERS that the child attend a school; [ 36 ] ORDERS that the child, the parents and the foster families receive the services of an external educator for the period deemed necessary by the professionals; [ 37 ] ORDERS that the parents remain sober in the presence of the child; [ 38 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 39 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 40 ] 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; [ 41 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence when the child is present; [ 42 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director of Youth Protection regarding health, school, extracurricular activities and travelling; [ 43 ] ORDERS that the police collaborate to the execution of the enactment if needed; [ 44 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 45 ] THE WHOLE until December 31, 2022; [ 46 ] 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 Gabrielle Francoeur Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: January 20, 2022