2022 QCCQ 13049, 2022 QCCQ 13049

Protection de la jeunesse — 224375 2022 QCCQ 13049 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000866-220 DATE: August 17, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 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) submits to the Court two applications asking that the security and development of Y, 16 years old and X, 10 ½ years old, be declared in danger because of the serious risk of neglect, (Section 38 b)

(2) YPA) . [ 2 ] At the hearing, the mother is present, represented by Me Justine Bergeron. The father is absent, but represented by Me Marie- Josée Ayoub. Me Fanny Wylde represents the children and Me Adelia Ferreira the applicant. [ 3 ] The parents admit many allegations and acknowledge that the children’s situation are endangered. The children make general admissions and agree upon the recommendations. The mother also agrees with the measures. [ 4 ] It is proved that the children were the subjects of various court orders since 2015. The parents have longstanding alcohol and drug issues.

Which have not been addressed or resolved successfully. [ 5 ] The parents are separated. The mother lives in City A and the father lives in City B. [ 6 ] The children are subjects to constant moving between the two communities, following agreements made between the parents. [ 7 ] On June 13, 2022, the situation of X was reported to the Director because the father was highly intoxicated in her presence. They were staying then at the City B hotel, a lodge for people without a home.

When the youth protection worker arrived at the lodge, the father highly intoxicated by alcohol and cocaine was yelling and refusing for X to leave the hotel room. X was also refusing to leave and the police had to intervene to convince her. She was afraid and crying. [ 8 ] Immediate protective measures were invoked and the youth was placed in a foster home. [ 9 ] Previously on May 11, 2022, X’s situation was also reported, because she was throwing a tantrum over her phone being confiscated by her father. The father was overwhelmed by the situation. The youth was placed in a foster family for 30 days.

The youth was asking to be removed from the father’s care. [ 10 ] The children are overwhelmed with grief and they do not attend school in City A. They do not tolerate anymore the parents’ drinking and life. [ 11 ] The mother declared being sober for two months and being on disability. She is overwhelmed by the children’s behaviors. They do not follow her rules and lie to her. [ 12 ] The mother has health issues and cannot care for her daughters now. She is taking medication for her illness and cannot mix with alcohol, and consequently she is sober.

[ 13 ] The father lives now with a friend, and is waiting for his apartment. He has to renovate it when he will move in. This is his priority. He has not receive any services yet for alcohol and substance abuse. He does not want to seek for services before he gets an apartment. [ 14 ] Considering the parents’ situation, they cannot assume the children. [ 15 ] Considering the needs of the children, they must be well supervised by attentive adults. [ 16 ] Considering the parties agreement with the recommendations. FOR THOSE MOTIVES, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X and Y are in danger (Section 38 b)

(2) YPA ); [ 19 ] ORDERS the placement of the children in foster family for height months with reintegration with the mother; [ 20 ] ORDERS the Director to supervise the contacts between the children and the parents as for the frequency, duration and other modalities; [ 21 ] ORDERS the parents to seek counselling and treatment program for drug and alcohol addictions and anger management, and to follow the recommendations of the said professional; [ 22 ] ORDERS Y to attend school on a regular basis and that absences be justified; [ 23 ] ORDERS the Director to provide all the psychological and medical services the children require; [ 24 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents for a period of one year; [ 25 ] AUTORIZES any service providers working with the family to share information with the Director; [ 26 ] ENTRUSTS the children’s situation to the Director for the purpose of the execution of the present enactment.

Signed on August 18, 2022 __________________________________ DENYSE LEDUC , J.C.Q. Me Adelia Ferreira Adelia Ferreira, avocate For the applicant Me Fanny Wylde Centre communautaire juridique A For the child Me Justine Bergeron Yves Ménard Avocats inc. For the mother Me Marie-Josée Ayoub Ayoub Avocats inc For the father Date d’audience : August 17, 2022