2019 QCCQ 17811, 2019 QCCQ 17811

Protection de la jeunesse — 196182 2019 QCCQ 17811 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000378-184 DATE: May 21, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant X, born on […], 2017 Child and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (section 95 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review and extend the decision rendered on December 11, 2018, concerning X born on […], 2017. He recommends that the child remains placed in a foster family for a period of one year with services to be provided to the parents. [ 2 ] At the hearing, the parents are present duly assisted by Me Michel Grenier for the mother and Me Marie-Josée Ayoub for the father.

Me Antoine Meunier represents the child and Me Magdalena Lempicka, the petitioner. [ 3 ] The parents admit many allegations and agree with the measures as they are enumerated in the revision report filed. [ 4 ] Evidence reveals that the mother has completed a six weeks intensive drug and alcohol abuse program last January 7, and attended another one, for two weeks in March because of her relapse. Even thought, she continues to drink. [ 5 ] The mother lives with her father and two brothers. She has a history of alcohol abuse.

She has other children placed under the Youth Protection Act (YPA). [ 6 ] The mother does not consider that her alcohol consumption is a threat to her child’s life because when X is present and she is intoxicated, she has a member of her family to keep her child. She avoids to consider that neither her father or brother want to keep the child anymore. Sometimes, the mother leaves the child at home without telling an adult in the home that she is going out. [ 7 ] The father moved back to City A after living with the mother in City B.

But as their relationship is not stable and they both abuse alcohol, he went back to City A at his mother’s residence. He still consumes alcohol abusively. He does not make effort to get help for his issues. [ 8 ] These parents are well informed of all the services available in their community. The mother attended therapies but she relapsed. Even if she is attached to her son and would like to assume him, she acknowledges she cannot assume him in her situation. She needs specialised services to address her problems. [ 9 ] He father cannot assume the child. He wants to have regular visits with him.

He visited up his son often in the foster family because one of the foster parent is his niece. [ 10 ] The parents are aware that they must seek for services urgently otherwise the Director will have to prepare a life plan for the child as stated in

section 91.1 of the Youth Protection Act (YPA).

CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on […], 2017, are still in danger; [ 13 ] ORDERS the placement of the child in foster family for one year; [ 14 ] ORDERS the Director to supervise the contact between the parents and the child as for frequency, duration, location and presence of a third party if necessary; [ 15 ] ORDERS the parents to seek help for their alcohol and personal issues; [ 16 ] ORDERS the Director to provide aid, counsel and assistance to the child and his parents for one year; [ 17 ] ORDERS the police to collaborate to the execution of the present judgment; [ 18 ] ENTRUSTS the situation of the child to the Director who shall ten see that the measures are carried out.

Signed in City C on June 11, 2019 _________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the child Me Magdalena Lempicka Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: May 21, 2019