2022 QCCQ 13042, 2022 QCCQ 13042

Protection de la jeunesse — 224368 2022 QCCQ 13042 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000736-217 DATE: August 19, 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 [...], 2021; 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 February 18, 2022, by Honourable Lucie Godin, in the situation of X, 1 year old. [ 2 ] He asks that the placement of the child be extended for three months with services for the parents, including a social follow up for six months. [ 3 ] At the hearing, the mother is present, assisted by Me Justine Bergeron. The father is absent, but represented by Me Marie-Josée Ayoub.

Me Fanny Wylde represents the child and Me Magdalena Lempicka, the applicant. [ 4 ] A revision report and the new criminal charges of the father are filed. [ 5 ] The father and the mother admit many allegations. The father agrees with the recommendations, but the mother disagrees. She wants the reintegration of the child. [ 6 ] The evidence reveals that the child remained in a foster home in City A and is doing well. He attends daycare. The child had visits with his parents and the foster parents accompanied him for those.

The parents were sober where they had the baby, but as they do not have their own home, they have different address for the visits. [ 7 ] The mother attended a six weeks online treatment program. She is sober since eight months. She did not consume drugs regularly. She smoked weeds last month at night to relax her. She met a social worker regularly every week, after her treatment. [ 8 ] The mother testifies that she misses her son and complied why all the conditions ordered in the last judgment.

Unfortunately, she does not have her own house or apartment but she applied two years ago and is still on the waiting list. [ 9 ] Meanwhile she lives at her aunt’s place, they are five in the house, some of them consume alcohol outside the house. Her uncle is sober since 11 years. She is able to protect her son from intoxicated person. [ 10 ] She is not in relationship with the father since the incidents that occurred on August 13, 2022. Before this event, they were in relation but there was no reports or concerns with regards to conjugal violence. [ 11 ] The father attended workshops with the mother.

He did not meet the Director regularly but was present for the child’s visits. He was planning to participate in community land-based programs and [program A] in September. [ 12 ] The main reason of the Director do ask for a three months placement is because some people in the house where the mother lives consume alcohol.

[ 13 ] It is sure that such environment put the mother at risk for relapse, but she remained sober for many months now and she appears very motivated to offer a secure home to X.

The housing (lack of house and apartment) is a very serious problem up North and the delay of two years as the mother mentioned proves it. [ 14 ] Considering the evidence, the mother’s improvement, the young age of X, the need to maintain and develop bound with his mother and also with his father, FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X are still in danger; [ 17 ] ORDERS the mother to be always sober in presence of the child and not let any intoxicated adult alone in his presence; [ 18 ] ORDERS the Director to supervise the visits of the father with the child as for the frequency, duration and presence of a third party; [ 19 ] AUTHORIZES the Director to make unannounced visits to the parents’ residences when the child is present; [ 20 ] ORDERS the mother to continue her follow-up with her social worker as long as she requires; [ 21 ] AUTHORIZES the Director to share and obtain information from the service providers working with the parents; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the child for six months; [ 23 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed on August 29, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Magdalena Lempicka Magdalena Lempicka, avocate For the applicant Me Fanny Wylde Centre communautaire juridique A For the child Me Justine Bergeron Yves Ménard Avocats inc. For the mother Me Marie-Josée Ayoub Ayoub Avocats inc For the father Date of hearing: August 19, 2022