2022 QCCQ 13035, 2022 QCCQ 13035
Opinion
Protection de la jeunesse — 224361 2022 QCCQ 13035 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000648-206 DATE: August 16, 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 [...], 2015; Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT (sections 95 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) asks the Court to review the decision rendered on December 2, 2021, by Honourable Lucie Godin, in the situation of X, 6 years old, Y, 5 years old and Z, 3 years old. [ 2 ] He asks for the extension of the children’s placement in foster homes for six months with various services for the parents. [ 3 ] At the hearing, the mother is present, and Me Justine Bergeron represents the mother and the father.
Me Fanny Wylde represents the children and Me Adelia Ferreira, the applicant. [ 4 ] Revision reports are filed. The parents admit all the allegations and agree with the recommendations. [ 5 ] The children did not make admissions but the two oldest declared to their lawyer that they miss their parents. They are placed since December 2020. [ 6 ] The evidence reveals that the children remain in the same foster home and are doing well. They have regular visits with the parents. [ 7 ] The father completed an online treatment at [treatment Center A] in March 2022 and another one after.
The father relapsed in July 2022. [ 8 ] The mother attended a therapy at [treatment Center B] for one month in July 2022, but she relapsed after a week. [ 9 ] The parents do not live together. They improved their collaboration with the Director and want to attend relapse program. The mother will also participate a retreat for three days in September. They both recognizes their consumption issues and are motivated to remain sober. They seek for services in their respective community.
They both have support from their mothers. [ 10 ] The parents proved over the last months that they care for their children and want them back in a short delay. They will seek for the services they need to ensure the children’s reintegration during the next placement. [ 11 ] Considering the evidence and the parties’ agreement with the measures, FOR THOSE MOTIVES, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, Y and Z are still in danger;
[ 14 ] ORDERS the placement of these three children in foster families for six months; [ 15 ] ORDERS the Director to supervise the contacts between the parents and the children as for the frequency, duration and presence of third party; [ 16 ] ORDERS the parents to seek services for their alcohol and drug consumption, and other personal issues; [ 17 ] ORDERS the parents to engage in relapse program; [ 18 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for nine months; [ 19 ] AUTHORIZES the Director to share and obtain information from the service providers working with the parents; [ 20 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.
Signed on August 29, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Adelia Ferreira Adelia Ferreira, avocate For the applicant Me Fanny Wylde Centre communautaire juridique A For the child Me Justine Bergeron Yves Ménard Avocats inc. For the parents Date of hearing: August 16, 2022
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