2022 QCCQ 11291, 2022 QCCQ 11291

Protection de la jeunesse — 223208 2022 QCCQ 11291 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000653-206 DATE: June 13, 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 […], 2012; 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 August 20, 2021, in the situation of X, 9 ½ years old, Y, 8 years old and Z, 4 ½ years old, all children of Ms. A and Mr. B. [ 2 ] The Director asks that the children be entrusted to the parents with specific conditions. [ 3 ] The parents are present at the hearing, assisted by Me Marie-Josée Ayoub (mother) and Me Justine Bergeron (father).

Me Yan Massé represents the children and Me Magdalena Lempicka the applicant. [ 4 ] Revision reports are filed. The parents admit many allegations and agree with all the measures recommended. [ 5 ] The child Z is provisionally living with the father. When the mother will finish her therapy of six weeks for alcohol issue, the child will return to her. [ 6 ] The mother attended therapy for alcohol issue and the father just recently applied. He expects to attend such therapy next August.

But the father attended last March 2022 a 21 days men cared-based program, living without violence. [ 7 ] The NNADAP worker observed a change in the parent’s behavior. He observed the parent’s motivation in completing programs to help with their addictions. [ 8 ] As the father had completed two treatments programs in the past and relapsed he will need aftercare program to maintain his sobriety. Such aftercare follow-up will be done also by the mother after ending her treatment. [ 9 ] The mother had a regular follow-up with the psychologist between April and May 2021.

She continued to meet with him by video since January 2022. [ 10 ] The whole parent’s situation is improving but they need to continue and stabilize. The father needs to attend treatment after the mother’s return. Both will need to attend aftercare program to maintain their sobriety. [ 11 ] The parents agree with the measures and accept to collaborate actively with the Director. CONSEQUENTLY, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of Z, Y and X are still in danger;

[ 14 ] ENTRUSTS Z to the mother; [ 15 ] ORDERS the placement of Y and X in foster family for a period of four months with progressive reintegration in August 2022 if the situation allows; [ 16 ] AUTHORIZES the director to make unannounced visits at home; [ 17 ] ORDERS the parents to attend and complete a treatment program for alcohol and drug abuse and to participate in aftercare services; [ 18 ] ORDERS the parents to remain sober in presence of the children and not let any intoxicated person in their presence; [ 19 ] ORDERS the parents to fully collaborate with the Director, to meet the worker upon request; [ 20 ] AUTHORIZES the Director to share and obtain information with service providers working with the parents; [ 21 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of nine months; [ 22 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on July 11, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the children Marie-Josée Ayoub Ayoub Avocats inc Counsel for the mother Justine Bergeron Yves Ménard Avocats inc Counsel for the father Date of hearing: June 13, 2022