2020 QCCQ 10924, 2020 QCCQ 10924

Protection de la jeunesse — 207852 2020 QCCQ 10924 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000640-203; 614-41-000641-201 DATE: December 10, 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 [...], 2012) and Y (Born on [...], 2018) Children and A Mother and B Father _____________________________________________________________________ JUDGMENT (Sections 38 and 91 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection presents an application asking the Court to declare that the security and development of X, 8 years old and Y, 2 years old are in danger because there is a serious risk of neglect and for lack of supervision (sections 38 b) (2) and 38 b) (1) (iii) Y.P.A.). [ 2 ] At the hearing, both parents are present and represented by Mtre. Marie-Josée Ayoub. Mtre. Cassandra Neptune acts on behalf of the children while Mtre.

Magdalena Lempicka represents the applicant. [ 3 ] All of the allegations of the application are admitted by the parents except two of them.

They are in agreement with the recommendations made by the Social Worker in order to put an end to the situation that endangers the security and development of the children. [ 4 ] With the admissions made by the parents, the testimony of the applicant and the report filed, the Court has preponderance evidence of the following facts. [ 5 ] The report made to the Director of the Youth Protection is in relation to the drinking of the parents. [ 6 ] Both children were subject to the application of the provisional agreement for the period of July 13 to August 13, 2020.

This agreement followed a situation where the parents were drinking. [ 7 ] In July 2020, the father, intoxicated, was driving around the community on an ATV vehicle with the child Y. [ 8 ] Following the report, on October 5, 2020, the worker went to the parents’ place around 2 pm and the father was there drinking with friends. The mother was in a room with Y. X was absent. [ 9 ] At the time, the mother expressed wanting to leave with Y because of the father’s drinking.

The Social Worker told the mother that she would be coming back to check on the family later on that day. [ 10 ] At the end of the day, when the worker returned to the parents’ place, the mother was not there but Y was left with the father who was intoxicated. Y was entrusted to a foster family under immediate protective measures. [ 11 ] The same day, X requested to go to the same place as Y and thus, she was entrusted to this foster family. [ 12 ] On October 6, 2020, the father called the Social Worker in order to be informed where the youth protection office was. At the

time of this call, the father was intoxicated. [ 13 ] The day after, on October 7, 2020, the parents were still out drinking. [ 14 ] They only contacted the Youth Protection Worker after a few days. [ 15 ] They have a history of binge drinking and, when under the influence of alcohol, they can display aggressive behaviour towards each other. [ 16 ] On October 13, 2020, the parents were met at the office by the Social Worker. At that time the mother had a black eye, but did not give any explanation for it. At the same meeting, the parents agreed to take steps to solve their issues and quit drink.

They signed voluntary measures and the children were entrusted to them. When X was informed that she was entrusted back to her parents, she was not happy and asked if they were going to get drunk again. [ 17 ] On October 20, 2020, the mother was seen walking around, intoxicated, with X in the cold. The worker went to the home and found the father intoxicated while Y was there under his supervision. Later on the same day, the worker met the mother again. The mother disclosed that she wanted to go home but was scared to do so.

As for X, this one disclosed that her parents were drunk and that her father was mad at the mother and wanted to fight her. X expressed being scared. [ 18 ] Given the facts that the parents were not respecting the voluntary measures signed, the Director of Youth Protection decided to submit a motion to the Court. On October 23, 2020, the Court ordered the provisional placement of the two children in a foster family. [ 19 ] Since that Court hearing, the parents have mobilized themselves and have taken steps in order to solve their problems.

They are currently met by a Social Worker from Front-Line Services for couple counselling. They are also getting in touch with the NNADAP Worker and attended the initial appointments. They will be willing to enroll in the online treatment for addiction. With the steps taken by the parents, the Director of Youth Protection is of the opinion that the children can be returned home to their care.

The parents have to be aware that they have to be responsible; quit drink or at least if they drink, to do it outside of their home after having made arrangements with a responsible babysitter. [ 20 ] Their children are still young and highly vulnerable. They need supervision. When under the influence of alcohol, the parents are not in a position to ensure their safety. Should the situation that occurred in September and October 2020 happen again, the Director of Youth Protection would most likely come back to Court and request a new placement for the children.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of X and Y are in danger (section 38 b) (1) (iii) and 38 b) (2)) of the Youth Protection Act ; [ 23 ] ENTRUSTS the children to the care of their parents ; [ 24 ] ORDERS the parents to continue the follow-up with the Front-Line Worker in order to address their personal issues and to follow the recommendations of the professionals ; [ 25 ] ORDERS the parents to continue to seek counselling for their substance abuse problems and follow the recommendations of the professionals ; [ 26 ] STRONGLY RECOMMENDS that the parents enroll themselves in an online treatment program for alcohol-related issues ; [ 27 ] ORDERS the parents to report themselves to the Director of Youth Protection once every two weeks in order to inform the social worker of their progress; [ 28 ] ORDERS the parents to be and to remain sober when in the presence of their children and not to put them in presence of people under the influence of intoxicating substances; [ 29 ] ORDERS that aid, counselling and assistance be provided to the children and their family for a period of 6 months ; [ 30 ] ENTRUSTS the situation of both children to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .

Mtre. Magdalena Lempicka Ferreira Lempicka attorneys Attorney for the applicant

Mtre. Cassandra Neptune Centre Communautaire Juridique A Attorney for the children Mtre. Marie-Josée Ayoub Ayoub Avocats Inc Attorney for the parents Date of hearing: December 10, 2020