2022 QCCQ 11299, 2022 QCCQ 11299

Protection de la jeunesse — 223216 2022 QCCQ 11299 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000700-213 DATE: June 16, 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 […]; Applicant and X, born on […], 2012; 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 29, 2021, by Honourable Lucie Godin, J.C.Q. in the situation of the four children. [ 2 ] The Director asks the Court to entrust the four children to the maternal grandmother. [ 3 ] All the parties consent that the Court proceeds to a joint hearing into the situation of the children. [ 4 ] The mother is present at the hearing assisted by Me Marie-Josée Ayoub. The father of Y, Mr.

C is present and assisted by Me Justine Bergeron. Me Yan Massé represents the children and Me Adelia Ferreira the applicant. Mr. B was served but is absent. [ 5 ] Revision reports are filed. [ 6 ] The parents admit most of the allegations and agree with the recommendations. [ 7 ] The security and development of these children were declared in danger because of the parents neglect (section 38 b) (1) (iii) YPA) last June 18, 2021.

The children were entrusted to the maternal grandmother for six months. [ 8 ] On December 29, 2021, Judge Godin revised the children’s situation and allowed the reintegration of X, Z and D with the mother and Y remained placed with the grandmother for four months. Follow-up and services were ordered for a year. [ 9 ] Since, the mother relapsed in consumption of alcohol and drugs. [ 10 ] On March 19, 2022, the Director received a report that the mother who lives at the maternal grandmother’s house, refused to leave the house while she was under the influence of intoxicated substances and agitated.

When the youth protection worker arrived at the grandmother’s house, the mother was standing outside the house. The youth protection worker drove her to her boyfriend’s workplace. Later that night the mother was detained for few hours. When released, she came back home and continued to drink. The mother’s brother had to physically remove her from the house.

The mother became aggressive and hit him. [ 11 ] After the mother left, the grandfather noticed that his prescript medication was missing and the empty bag was found near the mother’s bed. [ 12 ] The grandparents asked the assistant of the police authorities to locate the mother. [ 13 ] The children were present and witnessed all the incident. [ 14 ] On March 24, 2022, the youth protection worker was informed that the mother did not return home since March 19, and did not

give any information on her whereabouts. She was also informed, then, that the mother’s alcohol and drug consumption gradually increased since November and the children were exposed few times to the mother while intoxicated. [ 15 ] Since March 24, 2022, the children are entrusted provisionally to the grandmother. She is willing to take care of the children but will refuse to have the mother back as long as she does not address her drug and alcohol consumption issues. [ 16 ] The two fathers are not in position to assume the children.

They had irregular visits with them. [ 17 ] The mother needs to attend treatments and aftercare follow-up if she wants the reintegration of the children. Over the last year, the children were not her priority. [ 18 ] The support of the grandmother insure them the stability and security they need. But at one point, the Director well have to evaluate the maturity of the parents and their parental capacities because of the negative effects of the parent’s behavior on them. [ 19 ] The Director recommends placement for six months. The parties agree with it.

As such duration was previously ordered and didn’t succeed, this time it is urgent that the mother attend treatment for at least six weeks, and get aftercare services to maintain her sobriety and stabilize herself. Otherwise the children’s reintegration will not start and a new revision will be asked. THEREFORE THE COURT: [ 20 ] GRANTS the application in revision; [ 21 ] DECLARES that the security and development of the children are still in danger; [ 22 ] ORDERS the placement of X, Z, D and Y with their maternal grandmother for a period of six months; [ 23 ] ORDERS the mother and Mr.

C to attend treatment for alcohol and drug consumption and attend aftercare program for the duration required by the professional; [ 24 ] ORDERS the mother to seek services for her personal issues at the center A for the duration required by the professional; [ 25 ] ORDERS the parents to be sober in presence of the children; [ 26 ] ORDERS the Director to supervise contacts between the children and the parents as for frequency and all modalities; [ 27 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for one year; [ 28 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on June 21, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Adelia Ferreira Adelia Ferreira avocate Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the child Marie-Josée Ayoub ayoub avocats inc Counsel for the mother B Father, not represented Date of hearing: June 16, 2022