2021 QCCQ 11687, 2021 QCCQ 11687

Protection de la jeunesse — 216722 2021 QCCQ 11687 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000737-215; 614-41-000738-213 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 [...], 2017 And Y, born on [...], 2021 Children 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 applications asking the Court to declare as endangered the security and development of X, four years old and Y, five months old. [ 2 ] At the hearing, the father is present and represented by Mtre. Fanny Wylde.

Mtre. Marie-Josée Ayoub acts on behalf of the children while Mtre. Adelia Ferreira, represents the applicant. The mother is present but is not assisted by a lawyer. [ 3 ] In February 2020, the Court declared the security and development of the oldest sister endangered because of lack of supervision, serious risk of neglect and psychological ill-treatment. The problems were alcohol consumption, violence, and mental health issues. The child was first entrusted to foster care and, thereafter, reunited with the mother.

The file was closed at the end of the measures. [ 4 ] Today, the Court is facing a very similar situation. [ 5 ] The mother has resumed drinking, stating that she drinks every second week and sometimes to the point of intoxication. She acknowledges that she hangs out with the wrong crowd. [ 6 ] On August 20, she drank to the point of intoxication. She said that she had a twenty pack of beers and shared a bottle of vodka (26 oz.). [ 7 ] As for the father, the last time he drank was at a wedding, also on August 20.

The father says that they take turns drinking, but obviously it was not the case on that day. [ 8 ] There has been violence between the father and the mother which led to criminal charges. Currently, the parents are living together despite a restraining order prohibiting the father to be in contact with the mother. [ 9 ] The parents sometimes break up and reconcile, provoking instability. [ 10 ] On June 23, the mother called the clinic and said that she could not care for the children and that she wanted them to be placed, but she would have preferred that they not be placed under youth protection services.

[ 11 ] On June 28, the parents signed a provisional agreement for 30 days and the children were entrusted to a foster home. The mother continued to drink and she di not collaborate for the children’s placement. [ 12 ] On June 30, the mother was Medivaced to Town A where further investigations were made about her mental health condition.

During that time, the baby, Y, was let go by her foster family and sent to Town B to be with the paternal grandparents. [ 13 ] When the mother got discharged from the hospital, she went to live in Town B with the father at the grandparents’ house. [ 14 ] On July 12, there was an argument between the paternal grandparents and the parents.

The parents decided to leave with baby Y without the knowledge or the authorization of the caseworker. [ 15 ] During the summer, the mother’s house was boarded up for a period of three weeks due to the drinking at her place. [ 16 ] The mother has panic attacks and suffers from anxiety. She revealed that DNA tests will be done for baby Y because even though Mr. B takes her as his own, the mother is not sure.

She revealed that while she was under the influence of intoxicating substances, she was raped. [ 17 ] The mother had suicidal thoughts twice. [ 18 ] In June, she resumed doing cocaine. [ 19 ] A lot of professionals are already present in the mother’s situation and she usually collaborated well with them. [ 20 ] As for the father, he does not acknowledge having a problem with drinking, only with anger management. However, he adds that he faces anger problems when he is under the influence of alcohol. [ 21 ] In June, he was intoxicated in the home when the children were present.

At first he said that he was outside, but he finally admitted that if he left the house by the backdoor, it was because he was inside before, under the influence of alcohol. [ 22 ] He resumed doing cocaine when he was living in Town B. He also consumes cannabis, mostly at night. [ 23 ] The parents had access rights with the children and no concerns were raised. [ 24 ] The parents are taking steps in order to resolve their problems.

However, they will have to solve them on a permanent basis because the children cannot go back and forth between foster families and their parents without it being detrimental to their development. [ 25 ] Y is currently fostered in Town B which renders access rights more difficult.

It would preferable if a foster home could be found in Town C in order to maintain a bond between the parents and the baby. [ 26 ] The baby will be reintegrated with her parents first in order to preserve and develop the bond between the child and the parents. [ 27 ] The measures recommended for X are suitable in the circumstances. [ 28 ] FOR THESE MOTIVES, THE COURT: [ 29 ] GRANTS the applications; [ 30 ] DECLARES that the security and development of X, born on [...], 2017 and Y, born on [...], 2021, are endangered (Section 38 b) 2° and

c) YPA); [ 31 ] ORDERS the placement of the children, in a foster families for a period of six months and AUTHORIZES the reintegration of Y after three months if the situation allows it and as for X, within the timeframe set by the law; [ 32 ] ORDERS that contacts between the parents and the children be encouraged and supervised by the Director of Youth Protection as for the frequency and the modalities and that they are at least once a week; [ 33 ] TAKES NOTICE that the Director will help the parents for them to visit Y in Town B; [ 34 ] STRONGLY RECOMMENDS that a foster family be found for Y in Town C; [ 35 ] ORDERS the father to actively engage in services to address his anger issues and substance abuse problems; [ 36 ] ORDERS the mother to engage in a treatment for her substance abuse problems; [ 37 ] ORDERS the mother to engage in counselling for victims of domestic violence; [ 38 ] ORDERS the mother to continue to actively collaborate with the professionals providing help for her mental health and to follow the recommendations of the professionals; [ 39 ] ORDERS the parents to attend counselling (couple’s therapy); [ 40 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance, collaboration and the evolution of their situation; [ 41 ] ORDERS both parents to be and remain sober at all times when in presence of the children and not to expose the children to people who are under the influence of intoxicating substances or expose them to any form of violence;

[ 42 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 12 months; [ 43 ] 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; [ 44 ] ENTRUSTS the situation of the children 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 Mtre.

Fanny Wylde Legal Aid A Lawyer for the father Mrs. A Not represented by a lawyer Mother Date of hearing: September 8, 2021