2021 QCCQ 11686, 2021 QCCQ 11686

Protection de la jeunesse — 216721 2021 QCCQ 11686 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000736-217 DATE: September 8, 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 [...], 2021 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 declare as endangered the security and development of X, five months old, because of serious risk of neglect and psychological ill-treatment. [ 2 ] At the hearing, the mother, present, is represented by Mtre. Marie-Michelle Grenier. Mtre. Marie-Josée Ayoub acts on behalf of the father, also present. Mtre. Fanny Wylde represents the interest of the young child while Mtre.

Adelia Ferreira, acts on behalf of the applicant. [ 3 ] Most of the allegations of the application are admitted by one or the other parent. The Court heard the testimonies of the father, the mother and the one of the applicant.

Evaluation and orientation reports were filed. [ 4 ] The evidence reveals that the parents are in a relationship, but not living together since the home of the mother is already overcrowded. [ 5 ] The father does spend a few nights a week at the mother’s place in order to be with the baby. [ 6 ] The situation of the young child was reported to the Director of Youth Protection on June 21, after an event involving violence between the parents. The police had to intervene. The mother was intoxicated when the baby was under her care.

Both parents got into an argument and the father threw things at the mother when she was holding the baby. The baby was hurt and had to be brought to the clinic. From there, he was Medivaced to City A for further investigation. On July 2, the mother came back to the community with the baby and was in isolation until July 7. [ 7 ] The day after, early in the morning, the situation of the child was reported again to the Director of Youth Protection. The mother would have been heavily intoxicated while walking around the community with the baby. On that day, a family member took care of the child.

On July 9, the family member refused to continue taking care of the baby. Immediate protective measures were invoked and the child was placed in a foster home. [ 8 ] Since July, the mother would have stayed at the foster family’s place in order to help her with the child. When she is not there, she sleeps at the camp or at Mr. B’s grandmother’s place. [ 9 ] When asked when the last time she drank was, the mother said it was two weeks ago, specifying that she did not drink to the point of intoxication.

But, when asked the quantity she drank, she said, 12 cans of beer, a bottle of wine and the friends also brought 12

cans of beer. [ 10 ] She admits that when there are arguments between her and Mr. B, they sometimes retaliate on each other, damaging the other one’s property like 4 wheelers. [ 11 ] She honestly affirmed that when there is alcohol involved, the father and she are not doing okay. She does not acknowledge any alcohol issues, but disclosed that Mr. B drinks every weekend. She declares that he also does drugs such as cannabis 3 to 4 times a day, every day. The day before the hearing in this file, the father testified in other files. On that very day, he consumed cannabis and the day before, and the day before also.

Even though he smokes outside, he is in a state of intoxication while in presence of the child. [ 12 ] The mother says that Mr.

B is aggressive with her parents and he already attacked her mother. [ 13 ] Preponderant evidence demonstrates clearly the motives alleged by the Director of Youth Protection as serious risk of neglect and psychological ill-treatment. [ 14 ] The Director of Youth Protection recommends that the child be placed in foster care for a period of six months. [ 15 ] X is a young child, highly vulnerable, depending on adults for all of his needs. [ 16 ] The parents have to take steps in order to solve their conjugal issues and also their substance abuse problems before contemplating the reintegration of the child with them.

As of today, it is not possible to determine where this reintegration should take place: with the mother or with the father? It could be one or the other, depending on the evolution of their personal situation. [ 17 ] The measures recommended by the Director of Youth Protection are in the best interest of the child. The parents will have to fully collaborate with the Director of Youth Protection and not to try to play hide and seek with him. They must be transparent and honest regarding their situation.

If not, the Director might ask for a longer placement. [ 18 ] FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of X, born on [...], 2021, are endangered (Section 38 b) 2° and

c) YPA); [ 21 ] ORDERS the placement of the child in a foster family for a period of six months; [ 22 ] ALLOWS the reintegration of the child with one or the other parent after three months of sobriety and involvement in counselling; [ 23 ] ORDERS that both parents attend a substance abuse program for alcohol and drugs; [ 24 ] ORDERS that both parents seek counselling for their personal issues; [ 25 ] ORDERS both parents to be and remain sober at all times when in presence of the child and not to expose the child to people who are under the influence of intoxicating substances; [ 26 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 27 ] ORDERS that access rights be encouraged and supervised by the Director of Youth Protection as for the frequency, modalities and the presence of a third party if deemed necessary; [ 28 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance, collaboration and the evolution of their situation; [ 29 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 6 months; [ 30 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira

Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Fanny Wylde Legal Aid A Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur avocats Lawyer for the mother Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Avocate Lawyer for the father Date of hearing: September 8, 2021