2021 QCCQ 12967, 2021 QCCQ 12967

Protection de la jeunesse — 217189 2021 QCCQ 12967 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000539-207, 614-41-000593-204 DATE: October 1, 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 [...], 2018 And Y, born on [...], 2020 Children 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 extend a previous Court decision rendered on March 22, 2021, ordering the placement of the children in a foster home for a period of 6 months. [ 2 ] Mtre.

Marie-Josée Ayoub is representing the children and Mtre. Adelia Ferreira, the applicant. Despite the fact that the parents knew the date of the hearing having received a new notice of presentation on September 21, they are neither present nor represented by counsel. [ 3 ] It appears that the applicant discussed with the parents last week and reminded them of the court date. As for the father, he said that he was not going to show up in court.

The mother was supposed to go and meet the Social Worker, but she never did. [ 4 ] The Court proceeds in the absence of the parents. [ 5 ] The revision reports are filed as the testimony of the applicant. [ 6 ] It appears that the children remained in the same foster home and are doing well. As for the parents, their situation remains unstable. The mother attended a treatment program that was supposed take place from July 4 to July 16, but she didn’t complete it and withdrew for personal reasons. [ 7 ] She met with the NNADAP Worker, but not in August. [ 8 ] The father did not attend treatment.

He met with the NNADAP Worker, but did not attend the counselling sessions with him. [ 9 ] Both parents have attended a few one-day workshops at the centre A. [ 10 ] The parents remain in a relationship, but are not currently together as the father is bound by a restraining order not to be in contact with the mother. [ 11 ] As the mother was homeless, she was given the opportunity to live at a third party home under placement on the general law of Social Services. [ 12 ] Both parents continue to drink to the point of intoxication.

[ 13 ] On the weekend of August 27, the visit of the children had to be cancelled due to the mother being sick.

It seems that she was later intoxicated [ 14 ] On Saturday August 29, in the morning, the parents were drinking together. [ 15 ] The mother often shortens the visits of the children. [ 16 ] Her collaboration with the Director of Youth Protection is inconsistent. [ 17 ] At the present time, the parents are not in a position to resume care of their children. [ 18 ] X, 3 years old, was the subject of 2 judgments: the first one on March 24, 2020, ordering his placement for a period of one year and on March 22, 2021, for a period of 6 months.

The time limit prescribed by the law is already reached. [ 19 ] As for Y, he was also the subject of 2 different court decisions, the first one being on September 8, 2020, ordering his placement for a period of 6 months and a second one, on March 22, 2021, for another period of 6 months. The time limit imparted by the law is also reached for him. [ 20 ] The next 6 months are going to be decisive for the future of these children.

Either the parents solve their problems on a permanent basis and take steps within the next 2 months in order to do it or the Director of Youth protection must secure life plans for these children that would provide them stability and continuity of care by responsible adults.

FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the applications; [ 22 ] EXTENDS the last Court decision; [ 23 ] DECLARES that the security and development of X, born on [...], 2018, and Y, born on [...], 2020, are still endangered; [ 24 ] ORDERS the placement of the children in a foster family for a period of 6 months; [ 25 ] ORDERS that access rights between the parents and the children be supervised by the Director of Youth Protection as for the modalities, the frequency, the duration and the degree of supervision; [ 26 ] RECOMMENDS that a life plan be secured for these children; [ 27 ] ORDERS that the parents receive counselling related to their substance abuse problem and their personal issues, to follow the recommendations made by the professionals and to provide proof of it to the Director of Youth Protection; [ 28 ] ORDERS the parents to ensure that the children are not exposed to anyone who is under the influence of drugs or alcohol or any other intoxicating substances; [ 29 ] ORDERS the parents to remain sober at all times when in presence of the children; [ 30 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for the parent’s collaboration, their attendance and their progress in programs; [ 31 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 6 months; [ 32 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 33 ] 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 Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Lawyer Lawyer for the children

Date of hearing: October 1, 2021