2022 QCCQ 13023, 2022 QCCQ 13023

Protection de la jeunesse — 224349 2022 QCCQ 13023 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000424-194 DATE: August 18, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in A; Applicant and X, born on [...], 2007; Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on November 8, 2021, regarding the situation of X, 14 ½ years old and Y, 12 ½ years old. [ 2 ] The Director asks for their placement in a foster family for a period of six months. [ 3 ] At the hearing, both parents are absent but they are represented by Me Fanny Wylde for the mother and Me Justine Bergeron for the father.

Me Marie-Josée Ayoub represent the children and Me Magdalena Lempicka the applicant. [ 4 ] Revision reports are filed. The parents admit many allegations and they agree with the measures recommended. [ 5 ] The evidence reveals that the children remain, since April 2022, in the same foster home, the grandparent’s home. X displays disturbing behavior, and the grandparents report having issues with X’s behavior. [ 6 ] The mother was released from detention on May 17, 2022. She was arrested last December 2021. Since that time, the mother is sober. She joined the [Centre A] for one month after her release.

She attended various workshops during a month. She has regular contacts with her children. [ 7 ] The mother will attend treatment in City A next September 19, and the duration of the treatment is for six weeks, approximatively. She now works regularly and we may conclude that her situation improve. The mother does not live anymore with her spouse, Mister C. The father of two children, Mister B, still lives in City B and is not involved in the children’s lives.

As mention previously in judgment, the father cannot assume the children. [ 8 ] As the mother applied to attend treatment, the children agree with the measures and accept to remain placed in foster home for another period of six months. [ 9 ] Considering the whole evidence, FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of X and Y are still in danger; [ 12 ] ORDERS the placement of the children in a foster family for a period of six months;

[ 13 ] ORDERS the Director to supervise the contact between the parents and the children as for the frequency, duration and other modalities; [ 14 ] ORDERS the mother to attend treatments for her alcohol and drug consumption and for her personal issues; [ 15 ] ORDERS the mother to attend a relapse prevention program after the treatment; [ 16 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of nine months; [ 17 ] AUTHORIZES the Director to share and obtain information with the service providers working with the mother; [ 18 ] ENTRUSTS the situation of the children to the Director.

Signed on August 25, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Magdalena Lempicka Magdalena Lempicka, avocate For the applicant Me Marie-Josée Ayoub Ayoub Avocats inc For the youth Me Fanny Wylde Centre communautaire juridique A For the mother Me Justine Bergeron Yves Ménard Avocats inc. For the father Date of hearing: August 18, 2022