2020 QCCQ 9596, 2020 QCCQ 9596

Protection de la jeunesse — 201862 2020 QCCQ 9596 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 614-41-000534-208 DATE: February 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2017 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 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 an application asking the Court to declare that the security and the development of the child are in danger pursuant to

section 38 b) (1) iii), b) (2) and

c) of the Youth Protection Act , that is to say that the child was not provided with proper supervision, that there is serious risk of neglect and that the child was submitted to psychological ill-treatment. [ 2 ] At the hearing, the mother and the father are present and respectively represented by Mtre. Serge Fleury and Mtre. Michel Grenier. Mtre. Marie-Josée Ayoub acts on behalf of the child and Mtre. Magdalena Lempicka, on behalf of the applicant. [ 3 ] Almost all of the allegations of the application are admitted by both parents.

They are in agreement with the measure recommended by the Director of Youth Protection, which is the placement of the child in a foster family for a period of 6 months with reintegration with the parents after a 4-month period of complete sobriety. [ 4 ] The father testified and an evaluation report, an orientation report and a revision report were filed. [ 5 ] The evidence reveals that on June 11, 2019, an incident involving domestic violence occurred. The father assaulted the mother. Both of them were intoxicated. As a result, the father was arrested.

There have been other situations involving violence between the parents before. [ 6 ] On June 12, the parents signed a provisional agreement for 30 days. [ 7 ] On November 24, 2019, the mother called social services emergency stating that she couldn’t take care of the child because she was sick and at the clinic. A maternal aunt took the child. It appears that the mother went out drinking while the father went to Town A. The day after, the maternal aunt brought the child back to the Youth Protection.

She didn’t want to continue to care for the child because the mother was somewhere drinking and she obviously disagreed with that. Consequently, the child was placed in a foster home and subsequently returned to the care of the parents on December 6, 2019, when an agreement on voluntary measures was signed by the parents for a period of one year. [ 8 ] In this agreement on voluntary measures, the parents engaged themselves not to drink in presence of the child and to take steps in order to resolve their issues. [ 9 ] On December 29, the mother went out drinking.

[ 10 ] On January 8, the mother had friends at home who were under the influence of alcohol. She stated that she was going to go out drinking that night and she was waiting for the father to come back home in order for her to leave. [ 11 ] On January 9, at the end of the day, the mother and her friends were still at home, intoxicated. The father was there, sober. [ 12 ] On January 10, a report was received by social emergencies. It appears that the mother was intoxicated and high on cocaine while the child was there.

The father was sober. [ 13 ] The child was then entrusted to a foster home under immediate protective measures. [ 14 ] In Court, the parents acknowledge that they need help in order to resolve their personal issues namely related to substance abuse (alcohol and drugs) and domestic violence. [ 15 ] The father is willing to attend a treatment centre in a very near future. The mother states that she would also like to go. [ 16 ] The parents have to realize that they have to move fast and not waste any time because of the young age of their child.

It is of paramount importance that they resolve their issues and improve their relationship in order for the child to be returned to their care. [ 17 ] The measures recommended by the Director of Youth Protection are in the best interest of the child and are adequate under the circumstances. THEREFORE, THE COURT; [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X, born on [...], 2017, are in danger pursuant to

section 38 b) (1) iii), b) (2) and

c) of the Youth Protection Act ; [ 20 ] ORDERS that the child be entrusted to a foster family for a period of 6 months, with a possible reintegration with the parents after they have remained completely sober for a period of 4 months; [ 21 ] ORDERS that access rights to the child be encouraged, but supervised by the Director of Youth Protection as for the frequency and modalities; [ 22 ] ORDERS both parents to attend a treatment centre to solve their substance abuse issues and to follow the recommendations of the professionals; [ 23 ] ORDERS both parents to be and remain sober when in the presence of the child; [ 24 ] ORDERS the parents not to put the child in presence of people under the influence of intoxicating substances; [ 25 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 26 ] ORDERS the mother to participate in grief counselling for as long as deemed necessary by the professional; [ 27 ] ORDERS the parents to seek couple counselling to solve the problem of domestic violence; [ 28 ] ORDERS aid, counselling and assistance be provided to the child and the family for a period of one year; [ 29 ] 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; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town B on April 2, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant

Mtre. Marie-Josée Ayoub Ayoub Avocats inc – Town C Attorney for the child Mtre. Serge Fleury Serge Fleury, Avocat – Town D Attorney for the mother Mtre. Yan Massé Centre communautaire juridique A – Town E Attorney for the father Date of hearing: February 11, 2020