2022 QCCQ 11307, 2022 QCCQ 11307

Protection de la jeunesse — 223224 2022 QCCQ 11307 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000839-227 DATE: June 15, 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 […], 2006; Youth and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 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) submitted to the Court two applications to declare the security and development of X and Y in danger because of psychological ill-treatment (Section 38 b) (1) (iii)

c) YPA). [ 2 ] At the hearing, the parents are present, assisted by Me Marie-Josée Ayoub. The youths are absent but represented by Me Yan Massé. Me Magdalena Lempicka represents the Director. [ 3 ] The adolescents admitted all the following facts. The parents admitted the same facts and agreed that the security and development of the adolescents were in danger and agreed upon the measures except for the duration. [ 4 ] On February 10, 2021, the parents signed a provisional agreement and agreed that the youths be entrusted to the maternal grandmother for 30 days.

They acknowledged that they have serious issues with alcohol and drugs. They agreed to meet with the NNADAP worker, follow his recommendations, to submit themselves to random drug testing and collaborate with the social worker. [ 5 ] On March 15, 2021, an agreement and voluntary measures was signed for one year. The adolescents were entrusted to a foster home for six months with reintegration with the parents after four months if the situation allows.

As the parents did not yet completed the tasks they agreed upon the provisional measures, they had to seek for services during the placement and after the children’s reintegration. [ 6 ] The adolescents were reintegrated to the parents care in October 2021. [ 7 ] Since, the parent’s alcohol and drug consumption gradually resumed before Christmas and increased after New Year. [ 8 ] On March 11, 2022, the children’s situation was reported regarding the parents being highly intoxicated on alcohol and drugs. [ 9 ] Y made a comment to the mother and the mother strongly reacted.

She was also verbally abusive towards X. [ 10 ] Following this argument, the youths with the maternal grandmother were sent out of the house and returned to Town A, where they live. [ 11 ] Meeting the social worker, the youths revealed that the parents are often intoxicated in their presence but they were asked by the parents and maternal and paternal grandparents not to inform the Director of their consumption. [ 12 ] The parents still consume alcohol and cocaine and their consumption is affecting the girls. [ 13 ] The parents never addressed their issues, never attended treatment.

The mother tried to attend a treatment program on line but she consumed during the treatment.

[ 14 ] The adolescents disclosed that the parents used them to ask money to members of the family. The father took away from the youths all the money received. During the strict lockdown, the parents were inviting guests to their home and were drinking with them. [ 15 ] The children would like to return to Town B to attend school but they feel safer to remain placed with their paternal grandparents.

They want the parents to honestly seek for all the services they required and prove them they are able to remain sober and assume their parental responsibilities before any reintegration. [ 16 ] Considering the evidence, the Court DECLARES the security and development of the two girls in danger in regards of

Section 38 b) (1) (iii) and

c) of the YPA. [ 17 ] For the measures, reports are filed and the coordinator Ms. [Social Worker 1] testified. [ 18 ] She asked for a six months placement in foster family with specific treatment and follow-ups for the parents. [ 19 ] Those parents are regular workers in the community and have public and family responsibilities. Their daughters do not feel safe and lost confidence in their promises. They are ready to remain outside the community as long as the parents need to change their behaviors. [ 20 ] The father already attended a therapy in June and will now he is involve in an aftercare program.

The mother intends to attend therapy next August. [ 21 ] The parents are well aware of the services available in their community and elsewhere. If they want their children back soon, they have to collaborate with the Director and seek for all the services they required. [ 22 ] Considering the willingness of the parents, the age of the adolescents, the time they already spent in foster family, the Court orders a few months placement with progressive reintegration when the parent’s situation allows. [ 23 ] They must from now on convinced their children that they are reliable and they sincerely want them back.

FOR THESE MOTIVES, THE COURT: [ 24 ] GRANTS the application; [ 25 ] DECLARES that the security and development of X and Y are in danger (Section 38 b) (1) (iii)

c) YPA); [ 26 ] ORDERS the placement of X and Y in a foster family for five months with progressive reintegration if the parent’s situation allows; [ 27 ] ORDERS the parents to undergo alcohol and drug treatment and aftercare therapy for the duration required by the therapists; [ 28 ] ORDERS the parents to seek help for their personal issues. [ 29 ] ORDERS the parents to remain sober in presence of their children; [ 30 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for one year and ORDERS the parents to collaborate actively with the Director; [ 31 ] ORDERS the Director to supervise the visits between the children and the parents; [ 32 ] AUTHORIZES the Director to share and obtain information with service providers working with the parents [ 33 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on June 23, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the youth Marie-Josée Ayoub Ayoub Avocats inc Counsel for the parents

Date of hearing: June 15, 2022