2021 QCCQ 11689, 2021 QCCQ 11689

Protection de la jeunesse — 216725 2021 QCCQ 11689 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000762-213 DATE: September 8, 2021 ______________________________________________________________________ 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 [...], 2014 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 an application asking the Court to declare as endangered the security and development of X, 7 years old. [ 2 ] At the hearing, the mother is present and she is not assisted by a lawyer. Mtre.

Marie-Josée Ayoub acts on behalf of X and Mtre. Adelia Ferreira, on behalf of the applicant. [ 3 ] The father is neither present nor represented even though he contacted the worker to let her know that he disagrees that X be fostered by her aunt, C. Since the father is aware of the hearing, the Court will proceed, the child being in a foster family on provisional measures since July 15. [ 4 ] The mother is in a relationship with D, father of her two youngest children Y, four years old and Z, five months old. [ 5 ] The evidence reveals that X was the subject of a judgment of this Court with regard to neglect.

At the end of the measures ordered by the Court, X remained with her mother. [ 6 ] On June 18, 2021, an incident of violence between the mother and her boyfriend took place. It appears that it is not the first time that there is violence. This violence is related alcohol. [ 7 ] The mother and her boyfriend have a pattern of breaking up and reconciling. [ 8 ] The mother resumed drinking regularly, leaving the child to the care of her boyfriend. [ 9 ] On June 23, the mother went to the clinic and requested that the child’s siblings be entrusted to a foster family.

They were first placed on provisional agreement and after, by provisional measures ordered by the Court. [ 10 ] At that time, X was visiting her extended paternal family in Town A and the mother agreed that she continue to be under the care of the paternal grandmother. [ 11 ] The mother has issues with her mental health and is often overwhelmed with panic attacks and anxiety. On June 30, she was Medivaced to Town B and underwent a mental health investigation at the Douglas Hospital. [ 12 ] In July, the home of the mother was boarded up due to the drinking in the home.

[ 13 ] In August, X came back to Town C and with the consent of the mother, she was entrusted to her maternal aunt, Mrs. C who is a registered foster home. [ 14 ] The child is attending school in Town C. [ 15 ] The father does not have a stable place where to live. He mainly lives with a friend, but when this one is out of Town A, the father has nowhere else to go. The father continues to use “speed”. [ 16 ] From the judgements already rendered concerning X, we could see that the situation is recurrent. The problems the mother is facing right now are the same that were prevailing in 2020.

We are back to square one. [ 17 ] For the time being, the child cannot be placed under the care of her mother and her boyfriend as they have to take steps to solve their conjugal issues, anger management and substance abuse problems. [ 18 ] The Court has preponderant evidence that there is serious risk of neglect and that the child is submitted to psychological ill- treatment. [ 19 ] The recommendation of the Director of Youth Protection is that the child be placed in foster care for a period of six months which is reasonable under the present circumstances. [ 20 ] FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of X are endangered (Section 38 b) 2° and

c) YPA); [ 23 ] ORDERS the placement of X, born on [...], 2014, in a foster family for a period of six months; [ 24 ] ORDERS that access rights be encouraged and supervised by the Director of Youth Protection as for the frequency, modalities; [ 25 ] ORDERS the mother to actively engage in her treatment plan regarding her mental health and follow through with the recommendations of the professional; [ 26 ] ORDERS the parents to take active steps in order to address their alcohol and drug abuse issues; [ 27 ] ORDERS that the parents be and remain sober in the presence of the child and ensure that the child is not exposed to people who are under the influence of intoxicating substances or exposed to any form of violence; [ 28 ] RECOMMENDS that the parents seek counselling to develop effective communication; [ 29 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance, motivation and progress regarding their respective clients; [ 30 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 12 months; [ 31 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection of one of its representatives; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Avocate Lawyer for the child Mrs. A Not represented by lawyer Mother

Date of hearing: September 8, 2021