2020 QCCQ 14516, 2020 QCCQ 14516

Protection de la jeunesse — 2010150 2020 QCCQ 14516 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000648-206; 614-41-000649-204, 614-41-000650-202 DATE: December 7, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and X (Born on [...], 2015) Y (Born on [...], 2017) Z (Born on [...], 2019) Children and A Mother and B Father _____________________________________________________________________ JUDGMENT (Sections 38 and 91 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 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 the development of X, five years old, Y, three years old, and Z, one year old, alleging neglect related to the lack of supervision of the children (section 38 b) 1 iii) of the Youth Protection Act ). [ 2 ] At the hearing, Mtre. Michel Grenier represents the parents who never showed up despite the fact that they were well aware of the date of the hearing. Mtre.

Grenier declares that he has clear mandate from his clients and agrees to proceed. Mtre. Yan Massé acts on behalf of the children while Mtre. Adelia Ferreira represents the applicant. [ 3 ] Following the admissions made by the parents’ lawyer, the testimony of the applicant and the reports filed, the Court has preponderant evidence that the security and the development of the children are endangered for the alleged motive. [ 4 ] The situation of the family was reported to the Director of the Youth Protection on July 30.

On this occasion, the mother called the police herself stating that she was intoxicated and could not take care of her children. [ 5 ] A second report was made on August 30, because the mother left the children to the grandmother without any prior arrangements and went out drinking with the father. The grandmother was not aware that her daughter had left. [ 6 ] A third report was made on September 12 when Y and Z were seen wandering alone in the streets of Town A, the youngest wearing only a diaper.

When the Youth Protection Worker went to the parents’ house, the father admitted having been drinking the night before and because of that, he slept heavily and never realized that the children left the house. [ 7 ] On September 27, a fourth report was made for the parents having drunk the night before and leaving the children unsupervised during the night. The children were then removed and placed with the maternal grandmother. [ 8 ] The parents signed a provisional agreement entrusting the children to the grandmother. [ 9 ] The parents have a long history of substance abuse.

They would go out binge drinking, leaving the children to one or the other grandmother. [ 10 ] Since the very first report made this summer, the parents have not taken any steps in order to solve their problems and regain custody of the children. [ 11 ] Even though they were invited to come and meet the Social Worker, the parents did not show up. They are not collaborative.

[ 12 ] For the time being, the mother goes to visit her children at the grandmother’s place without any authorization by Director of the Youth Protection. [ 13 ] Z attends daycare on a full-time basis.

He is described as a very loving child. [ 14 ] X is currently living with her grandmother with whom she has a very strong bond. [ 15 ] As for Y, she is the one that misses her parents and does not fully understand the whole situation. [ 16 ] Each time that the Social Worker tries to meet with the parents by going to their place, no one answers the door. [ 17 ] The oldest, X, is aware of the arguments and violence between her parents. [ 18 ] Herein, the children were the subject of serious neglect.

A one-year-old and a three-year-old wandering in the streets unbeknownst to the parents, who were supposed to supervise them, could have led to very serious consequences. [ 19 ] Despite the fact that the children are entrusted to other people, the parents remain uncooperative and did nothing in the last five months in order to improve their situation. [ 20 ] The children’s lawyer is of the opinion that the intervention of the Court in the life of this family is necessary and that measures should be taken in order to put an end to this situation that endangers their security and development.

FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of X, born on [...], 2015 , Y born on [...], 2017, and Z born on [...], 2019, are endangered (38 b) 1 iii)); [ 23 ] ORDERS that the children be entrusted to a foster family for a period of one year; [ 24 ] ORDERS that the parents engage in and complete a substance abuse treatment program and follow all the recommendations made by the professionals; [ 25 ] ORDERS that the parents engage in counselling in order to address their personal and relationship issues; [ 26 ] ORDERS that the parents fully collaborate with Director of the Youth Protection, that they report to the worker at least once every two weeks and that they welcome the Social Worker when she goes to their place; [ 27 ] ORDERS that the access rights between the parents and the children be supervised as for the frequency and modalities, terms and degree of supervision and that a

schedule be established and ORDERS that the parents follow this schedule; [ 28 ] AUTHORIZES any unannounced visits by the Director of Youth Protection when access rights are exercised; [ 29 ] AUTHORIZES the Director of Youth Protection to share and obtain information with all service providers working with the family; [ 30 ] ORDERS the parents to be and remain sober (alcohol and drug) in presence of their children; [ 31 ] ORDERS the parents not to put the children in presence of people under the influence of intoxicating substances; [ 32 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of one year; [ 33 ] ORDERS that the parents report themselves to the Director of Youth Protection once every two weeks and inform the Social Worker of their current situation; [ 34 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection; [ 35 ] 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 Attorney for the applicant

Mtre. Yan Massé Centre Communautaire Juridique A Attorney for the children Mtre. Michel Grenier, Avocat, Amos Attorney for the mother and the father Date of hearing: December 7, 2020