2020 QCCQ 14637, 2020 QCCQ 14637

Protection de la jeunesse — 2010149 2020 QCCQ 14637 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000565-202; 614-41-000566-200; 614-41-000567-208 DATE: December 9, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A Board of Health and Social Services A Applicant and X, born on [...], 2011 Y, born on [...], 2013 Z, born on [...], 2017 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 titled “Application for Revision”. In fact, they are more applications to extend a previous Court order.

The last judgment ordered the placement of X, 9 years old, Y, 6 years old and Z, 3 years old, in a foster family for a period of six months without any reintegration. [ 2 ] For the hearing, the father, detained, is present via videoconference and represented by Mtre. Michel Grenier. The mother is not present in court, but she was duly notified of the date of the hearing. The Court proceeds in her absence. [ 3 ] Basically, the situation remains the same. The father was released from detention during the summer. However, he was arrested again and brought back to detention.

He relapsed when he was bound by conditions forbidding him to consume drugs. [ 4 ] He still states that he would like to participate in a treatment for addiction, do the Wellness Journey and the Anger, Grief, Abandonment Program in the area A. [ 5 ] In the worst case scenario, he will be released during the month of April 2021. [ 6 ] When asked if he and Mrs. A are still a couple, he says “50/50”. So, there is still instability in their relationship. [ 7 ] As for the mother, she faces the same problems she had six months ago.

She does not collaborate with the Director of Youth Protection, she hasn’t taken any steps in order to resolve her problems. In fact, she is still waiting for her health insurance card. She was given the forms to apply for an online treatment which she never filled out. [ 8 ] The Director asks to extend the placement of the children in foster families for one year. Two of the children are of school age. A one-year placement would mean that they would have to change their environment during the school year, which is not a good situation for such young children.

The Court will order a shorter placement until the end of August, so the decision as to where they are going to live for the next school year will be taken before it starts. [ 9 ] The parents must mobilize themselves quickly and solve their problems on a permanent basis. If not, a longer placement could be contemplated for the three children.

FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the applications; [ 11 ] DECLARES that the security and development of X, born on [...], 2011, Y, born on [...], 2013, and Z, born on [...], 2017, are still endangered; [ 12 ] EXTENDS the last Court decision; [ 13 ] ORDERS the placement of the children in a foster family until August 31, 2021; [ 14 ] ORDERS that the contacts between the children and their parents be supervised by the Director of Youth Protection as for the modalities, terms and degree of supervision; [ 15 ] ORDERS that the parents be and remain sober when in presence of the children and not to put them in presence of people who are under the influence of intoxicating substances; [ 16 ] RECOMMENDS that the parents seek help for their substance abuse issues and that they follow the recommendations made by the professionals; [ 17 ] RECOMMENDS that the father seek help for his personal issues; [ 18 ] ORDERS the parents to report themselves to the Director of Youth Protection on a regular basis and to present themselves at the DYP’s office upon request in order to meet with the Social Worker; [ 19 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other service providers working with the family related to progress and attendance; [ 20 ] ORDERS the parents to promptly inform the Social Worker of any change of address; [ 21 ] ORDERS that aid, counselling and assistance be provided to the family until August 31, 2021; [ 22 ] STRONGLY RECOMMENDS that the father attend a workshop in relation to grief, abandonment and anger management; [ 23 ] ENTRUSTS the situation of the three 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. Marie-Josée Ayoub Ayoub Avocats inc. Attorney for the children Mtre. Michel Grenier Michel Grenier Avocat Attorney for the father Date of hearing: December 9, 2020