2021 QCCQ 12966, 2021 QCCQ 12966

Protection de la jeunesse — 217186 2021 QCCQ 12966 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000488-199, 614-41-000489-197, 614-41-000490-195 DATE: October 1, 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 [...], 2009 And Y, born on [...], 2016 And Z, born on [...], 2012 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 applications asking the Court to review a very recent Court decision rendered on August 19, 2021, entrusting the children to their parents. [ 2 ] The judgment of August ordered the parents to always be sober in presence of the children.

The children were returned to their parents’ care the day of the judgment. [ 3 ] The day after, the mother called requesting that the children be placed in foster homes alleging that there was a flood at their home. On the very same day, she also asked if it was possible to place the children while she would be attending treatment in September.

The only problem is the fact that the treatment to be followed by the mother is an online treatment, so she does not have to leave the community. [ 4 ] On August 22, at the beginning of the afternoon, the parents brought Z and Y to a friend’s home asking for her to babysit the children for about 2 hours. Around 9 p.m. the babysitter called Social Emergency; the parents had not picked up the children. The Social Emergency Worker went to the parent’s home. The mother was in the basement with two male individuals, all intoxicated and drinking. X was in one of the rooms in the basement, awake.

Immediate protective measures were invoked and X was entrusted to a foster home. As for Y and Z, they were entrusted to the babysitter. [ 5 ] The father arrived around 10 o’clock at the babysitter’s home to pick up Y and Z. He mentioned that he was drinking in another home, fell asleep and finally woke up and was there to pick up the children. [ 6 ] When the Emergency Worker went to the home, this one was very messy.

The garbage was full with many beer cans. [ 7 ] The parents are not in a position to take care of the children. [ 8 ] The Social Worker testified that the mother had started a relapse program that would end around October 15. The father said that he would like to take it, but after his period of probation at work, that is to say, around November. [ 9 ] The weekend of September 17, the parents drank.

[ 10 ] The Social Worker would like that both parents complete the relapse program and that they maintain their sobriety for a period of 3 months before contemplating a reintegration of the children to their care. [ 11 ] The situation is very sad for the children as they were entrusted back to their parents and shortly after, they had to be placed again.

The parents must realize that the children cannot go back and forth between their place and foster home without any impact on them. [ 12 ] The parents must solve their substance abuse issues on a permanent basis. [ 13 ] The recommendation made by the Director of Youth Protection are in the best interest of the children.

FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the applications; [ 15 ] REVIEWS the last Court decision dated August 19, 2021; [ 16 ] DECLARES that the security and development of X, Y and Z are still endangered; [ 17 ] ORDERS the placement of the children in foster families for a period of one year; [ 18 ] ORDERS that access rights between the parents and the children be supervised by the Director of Youth Protection regarding the conditions, the frequency, the modalities and the level of supervision; [ 19 ] AUTHORIZES the reintegration of the children to their parents’ care after they successfully completed a relapse program and remained sober for a period of 3 months; [ 20 ] ORDERS that the children attend school on a regular basis; [ 21 ] ORDERS that the children receive all services required by their situation; [ 22 ] ORDERS the parents to report in person, at least once a week for the first 6 months, to the Director of Youth Protection to inform of their current situation ; [ 23 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for the parent’s presence at the appointments with the professionals, the level of involvement in the services provided and the evolution of their situation; [ 24 ] ORDERS that aid, counselling and assistance be provided to and his family for a period of one year; [ 25 ] ORDERS the parents to fully collaborate with the Director and meet the worker upon request; [ 26 ] 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; [ 27 ] 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. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the children Date of hearing: October 1, 2021