2021 QCCQ 12521, 2021 QCCQ 12521

Protection de la jeunesse — 216716 2021 QCCQ 12521 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000685-216; 614-41-000687-212 DATE: September 10, 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 [...], 2007 And Y, born on [...], 2008 Youths 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 and extend a Court decision rendered on May 20, 2021, by Judge Denyse Leduc.

She ordered the placement of the teenagers in a reception centre for a period of four months along with other measures to help the family. [ 2 ] At the hearing, Mtre. Fanny Wylde represents the interest of both youths. Both are in agreement with the application and the recommendations made. [ 3 ] The mother who is not present, is represented by Mtre. Marie-Josée Ayoub. She challenges the applications asking for both children to be entrusted to her. Mtre. Magdalena Lempicka acts on behalf of the applicant. The father is present by phone. He lives in Manitoba.

He consents to proceed and he is aware of the recommendations made by the Director. [ 4 ] As of his position, he does not agree with the position of X, asking that the teenager be entrusted to him in Manitoba.

Concerning Y, the father has not communicated his position to the Court in regard to the recommendation of the Director of Youth Protection. [ 5 ] As evidence, the Director of Youth Protection filed the revision reports concerning both teenagers, an observation report from the Youth Healing services concerning X and an observation report from the A Group Home concerning Y. [ 6 ] Most of the allegations are admitted by the father. The evidence reveals that X is doing well in the reception centre.

He does not display any behavioural disturbances and the Director is currently trying to find a foster home for him in Town A, where X wants to return to live. In the meantime, X agrees to remain at the reception centre until such foster family has been identified. [ 7 ] As for Y, the situation is different as she is still displaying behavioural disturbances. She does not respect authority, leaves the Group Home without authorisation. She can be easily influenced.

She does agree to live at the reception centre (Group Home) for the next six months. [ 8 ] The father lives in Manitoba and until last week, the Social Worker had never heard of him. So, his environment is not assessed, which renders impossible his request to have X back with him. On top of that, X does not want to go. [ 9 ] The father must first have a regular presence in the teenager’s lives before contemplating having them entrusted to him.

[ 10 ] As for the mother, her situation does not allow a reintegration of the teenagers with her. [ 11 ] She has difficulties and does not see the importance of providing structure and rules to teens saying “teenagers are teenagers”. [ 12 ] The Social Worker, Mrs. [Social Worker 1], testified that since the last judgment the mother hasn’t taken steps to solve her problems.

There are resources available in the community such as NNADAP Worker, online treatment, psychologist and so on, but the mother does not see the relevance of such services. [ 13 ] The mother is still using alcohol. [ 14 ] Two weeks ago, when the Social Worker went to the mother’s place at 2 p.m., she was sleeping. One of her children made the Social Worker understand that the mother drank. [ 15 ] The mother texts the Social Worker at any time, day or night, which makes believe that she is not sober. [ 16 ] During some of the visits of the teenagers with the mother, there was alcohol consumption.

So, the situation of the mother having not improved, it becomes impossible to entrust the teenagers to her care at this moment. [ 17 ] The recommendations made by the Director of Youth Protection are adequate in the circumstances and meet the best interest of the teenagers; FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] MAINTAINS that the security and development of X and Y are still endangered; [ 20 ] ORDERS that X be entrusted to a rehabilitation centre for a maximum period of three months with a reintegration in a foster home as soon as a foster home is secured and that he remain in the care of this foster home for a period of six months; [ 21 ] ORDER that Y be placed in a rehabilitation centre for a period of six months; [ 22 ] ORDERS both teenagers to attend school regularly; [ 23 ] ORDERS the mother to attend and complete a drug and alcohol abuse treatment program and that she follow all the recommendations made by the professionals, including aftercare services; [ 24 ] ORDERS that Y and X engage with a professional counsellor to address issues of trauma; [ 25 ] ORDERS that the Director of Youth Protection supervise access rights between the parents and the teenagers as for the frequency and the modalities; [ 26 ] AUTHORIZES unannounced visits at the mother’s place when there are access rights; [ 27 ] ORDERS that the mother be and remain sober at all times when in the presence of the teenagers and to ensure that they are not put in presence of people who are under the influence of drugs of alcohol; [ 28 ] ORDERS that both parents fully collaborate with the Director of Youth Protection, meet the worker upon request and to inform the worker of any change in their situation including their address; [ 29 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance, collaboration and progress; [ 30 ] ORDERS that aid, counselling and assistance be provided to the teenagers and his family for a period of nine months; [ 31 ] 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; [ 32 ] ENTRUSTS the situation of the teenagers to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Fanny Wylde Legal Aid A Lawyer for the youths Mtre. Marie-Josée Ajoub

Marie-Josée Ayoub avocate Lawyer for the mother Mr. B Not represented by an attorney Father Date of hearing: September 10, 2021