2021 QCCQ 11685, 2021 QCCQ 11685

Protection de la jeunesse — 216718 2021 QCCQ 11685 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000730-210; 614-41-000731-218; 614-41-00073 2 -216 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 [...], 2008 Y, born on [...], 2012 Z, born on [...], 2017 Children And A Mother ______________________________________________________________________ JUDGMENT RECTIFIED (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 applications asking the Court to declare as endangered the security and development of X, 13 years old, Y, 8 years old, and Z, 3 years old, pursuant to

section 38 b) 1°i), 38 b)1°iii), 38 b) 2° and 38

c) of the Youth Protection Act, that is to say, neglect by failing to meet the children’s basic physical needs, neglect by lack of supervision or support, serious risk of neglect and psychological ill-treatment. [ 2 ] At the hearing, the mother is present and assisted by Mtre. Fanny Wylde. Mtre. Marie-Josée Ayoub acts on behalf of the children on a conventional mandate for the two oldest and on a legal mandate for the youngest. Mtre.

Adelia Ferreira represents the applicant. [ 3 ] The applications presented by the Director are not challenged by the mother and she agrees with the recommendations proposed. [ 4 ] At first, when the Director of Youth Protection intervened in the family, the mother and her partner were living in Town A. The mother brought the children to Town A on July 4, 2021. Not long after, on July 6, the situation of the children was reported to the Youth Protection following a verbal altercation between the mother and her partner.

Consequently, the mother and the children were thrown out of the apartment. [ 5 ] The police had to intervene. Following that event, the mother and the children temporarily stayed in a hotel. [ 6 ] A few days after, immediate protective measures were applied.

With the agreement of the mother, a man came to Town A to pick up the children and bring them back to Town B. [ 7 ] Upon their return in the community, the children were entrusted to their grandmother, where they currently live. [ 8 ] The evolution and orientation reports were filed as evidence in lieu of the testimony of the Social Worker. [ 9 ] The mother testified informing the Court that before moving to Town A she had a stable life.

Alcohol was not an issue at that time for her. [ 10 ] During a period of time in Town A, the children were left at times on their own and the oldest had to take care of her siblings. The mother left them in a hotel room while she went to watch a hockey game and drinking.

[ 11 ] At the beginning of July, donations were gathered from the DYP staff to assist the family for travel expenses. However, portion of this money has been used by the mother to purchase alcohol. She then consumed in the hotel room where she was with the children. [ 12 ] In Town A, everything went wrong, especially the relationship with her partner, [ 13 ] She is currently living at the maternal grandmother’s where the children are entrusted. She found a job and wants to go back to the lifestyle she had before moving to Town A. [ 14 ] It seems that the situation of the mother is slowly improving.

She has regular contacts with her children and helps the grandmother with them. [ 15 ] It is fortunate that the grandmother is available and able to take care of her grandchildren while the mother resolves her issues. [ 16 ] FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the applications; [ 18 ] DECLARES that the security and development of the children are endangered for the alleged motives:

section 38 b)1°i), 38 b)1°iii), 38 b)2° and 38

c) of the Youth Protection Act ; [ 19 ] ENTRUSTS the situation of the children to their maternal grandmother for a period of 6 months; [ 20 ] ORDERS that contacts between the mother and the children be encouraged and supervised by the Director of Youth Protection; [ 21 ] RECOMMENDS that the mother receive grief counselling; [ 22 ] ORDERS the mother to seek help for alcohol and drug abuse and to follow the recommendations of the professionals; [ 23 ] ORDERS the mother to be and remain sober at all times when in the presence of the children and to ensure that the children are not exposed to anyone who is under the influence of any intoxicating substances; [ 24 ] ORDERS the mother to ensure that the children are not exposed to any form of violence; [ 25 ] ORDERS that the children attend school on a regular basis; [ 26 ] ORDERS the mother to fully collaborate with the Director of Youth Protection, meet the worker upon request and to inform the worker of any change in her situation; [ 27 ] ORDERS the mother to take steps in order to stabilize her living situation; [ 28 ] ORDERS that aid, counselling and assistance be provided to the children and the family for a period of 12 months; [ 29 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection of one of its representatives; [ 30 ] 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 Marie-Josée Ayoub Marie-Josée Ayoub, avocate Lawyer for the children Mtre. Fanny Wylde Legal Aid Chibougamau Lawyer for the mother Date of hearing: September 8, 2021