2020 QCCQ 10692, 2020 QCCQ 10692

Protection de la jeunesse — 206982 2020 QCCQ 10692 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » N os : 614-41-000502-197; 614-41-000503-195; 614-41-000504-193; 614-41-000505-190; 614-41-000506-198 DATE: June 15, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of […] Health and Social Services […], working in Town A.

APPLICANT and X, born on [...], 2003 Y, born on [...], 2006 Z, born on [...], 2009 A, born on [...], 2012 B, born on [...], 2017 CHILDREN and C MOTHER and D FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 a motion asking the Court to extend a previous judgment rendered by the honourable Dominique Wilhelmy, J.C.Q., on December 9, 2019, ordering the placement of the children in foster families for a period of six months along with other assistance measures. [ 2 ] At the hearing, both parents are present, the mother being represented by Mtre. Michel Grenier and the father by Mtre. Serge Fleury. Only X and Y attended court. Mtre.

Yan Massé acts on behalf of all the children while Mtre. Magdalena Lempicka represents the Director of Youth Protection. [ 3 ] The parents and the children do not challenge the applications nor the recommendations made by the Director of Youth Protection which are the extension of the placement of the children in foster families for a period of nine months and other assistance measures. [ 4 ] Basically, the situation of the parents remains the same.

They continue to drink and still consume drugs. [ 5 ] The father did not meet with the A Worker and did not attend treatment or follow any therapy concerning his consumption issues. [ 6 ] The mother met with the A Worker on a few occasions, did apply for treatment, but did not attend such treatment centre. [ 7 ] The parents continue to live together, but their relationship continues to be difficult at times. [ 8 ] The mother reported that the father has thrown her out of the house a few times and, during these occasions, she has nowhere to go, wandering in the community. [ 9 ] The father denies throwing her out of the house but admits inviting her to go drink somewhere else. [ 10 ] There were also events of violence between the couple and the police had to intervene.

[ 11 ] The parents were not really involved on a regular basis in the medical appointments concerning B. [ 12 ] Both parents testified. From their testimonies, the Court understands that the children are there to respond to their needs. The mother states that the children are comforting her and when they are not there she can’t sleep and spends her days crying. She would like to have her children back because she feels so lonely. She says that she will do anything to have her kids back. The Court must stress out the fact that she will have to walk the talk.

To this day, nothing was really done in order to regain custody of her children. [ 13 ] As for the father, he says that he has to stop consuming drugs, stop drinking, avoid people who are drinking, avoid parties, but he will do that one step at a time. The Court is afraid that his pace is not fast enough and the children risk to reach their majority before the situation is completely resolved. [ 14 ] Both parents have to understand that the children are waiting for them to change their lifestyle.

If they are not able to take the necessary steps to put an end to the situation that endangers the safety and the development of their children, the Court will have to contemplate a life plan for them. [ 15 ] X will be 18 next year so, for her, the measures of aid, counselling and assistance will be shorter.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the applications; [ 17 ] EXTENDS the previous court orders; [ 18 ] DECLARES that the security and the development of the children are still in endangered; [ 19 ] ORDERS the placement of the children in foster families for a period of nine (9) months with a possible reintegration in six (6) months to either parent, if the situation allows it; [ 20 ] ORDERS that aid, counselling and assistance be provided to the children and the family for one year and as for X, until [...], 2021; [ 21 ] ORDERS the parents to seek help for their substance abuse and their conjugal issues and that they follow the recommendations of the professionals; [ 22 ] ORDERS that the contacts between the children and parents be supervised by Director Youth Protection as for frequency and modalities; [ 23 ] ORDERS the parents to be and remain sober when in the presence of their children; [ 24 ] ORDERS the parents remain actively involved in their children’s schooling and medical appointments; [ 25 ] ORDERS that the parents fully collaborate with the Director of Youth Protection, meet with the worker upon request and inform him of any changes within 24 hours; [ 26 ] ORDERS that the Director be authorized to obtain and share information with all service providers working with the family; [ 27 ] 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; [ 28 ] ENTRUSTS the situation of X, Y, Z, A and B to the Director of Youth Protection […]Health and Social Services […] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A Attorney for the children Mtre. Michel Grenier Michel Grenier, Avocat ̶ B Attorney for the mother Mtre. Serge Fleury

Serge Fleury, Avocat ̶ B Attorney for the father Date of hearing: June 15, 2020