2021 QCCQ 11679, 2021 QCCQ 11679

Protection de la jeunesse — 216704 2021 QCCQ 11679 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000565-202, 614-41-000566-200, 614-41-000567-208 DATE: September 9, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2011 Y , born on [...], 2013 Z, born on [...], 2017 Children And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application asking the Court to extend the placement of the three children in foster families for a period of 6 months with a possible reintegration with the parents in three months if the situation allows it. [ 2 ] The recommendations of the Social Worker are not challenged by the parents.

They agree to work with the Director in order to solve their issues and to regain custody of their children. [ 3 ] The two oldest children are living in the same foster family. It was impossible to find a foster family who would accept the three children. So, Z is living apart in another foster family. This has an impact on her as she misses her sisters. It will be important that contact between the siblings be as frequent as possible in order to maintain the bond between Z and Y and X. [ 4 ] The mother had regular visits with the children, but sometimes asked to shorten the visits.

She states that she doesn’t have enough money to buy food for the children. [ 5 ] The mother admits that she continues to drink, but the last time she did was on August 6. She went to see a community worker in order to attend treatment and she declares at the hearing that she is willing to go. [ 6 ] As for the father, he finished serving his term of imprisonment of three years. He served the entire term. When paroled, he failed to comply with the conditions so he was incarcerated again. For the time being, he does not have to follow any conditions or any probation order.

Nonetheless, he sees a member of the justice committee to get help. [ 7 ] He lives in his grandmother’s house. The mother is currently living there as well. [ 8 ] Last year, when the father testified he said “My kids have been through enough.” The Court reminds him of this in order for him to get help so the children can be reunited with their parent. [ 9 ] Both parents have to solve their problems on a permanent basis. If not, it will impact the reintegration of the children with them. [ 10 ] They will have to collaborate with the Social Worker, be transparent and honest about their situation.

[ 11 ] Given the admissions of the parents, the revision reports filed, the consent of the parents and the two oldest children to the recommendations proposed, the Court: [ 12 ] GRANTS the applications; [ 13 ] DECLARES that the security and the development of X, Y and Z are still endangered; [ 14 ] ORDERS the placement of the children in a foster family for a period of 6 months with a reintegration with the parents after three months if the situation allows it; [ 15 ] ORDERS that access rights between the children and the parents be encouraged and supervised by the Director of Youth Protection as for the frequency and the modalities; [ 16 ] ORDERS both parents to be and remain sober when in the presence of the children; [ 17 ] ORDERS both parents the take active steps to address their unresolved personal issues and their substance abuse issues; [ 18 ] ORDERS both parents to engage in an aftercare treatment program and to follow the recommendations made by the professionals; [ 19 ] AUTHORISES the Director of Youth Protection to share and obtain information with any service providers working with the family as to progress and attendance; [ 20 ] ORDERS the parents to fully collaborate with the Director of Youth Protection, meet the worker upon request and inform her of any change in their situation; [ 21 ] ORDERS that aid, counselling and assistance be provided to the children and their family for a period of one year; [ 22 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its duly mandated representatives; [ 23 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka Attorneys Attorney for the applicant Mtre. Marie-Josée Ayoub Marie-Josée Ayoub, avocate Attorney for the children Mtre. Marie-Michelle Grenier André Levasseur Avocats Attorney for the parents Date of hearing: September 9, 2021