2021 QCCQ 11682, 2021 QCCQ 11682

Protection de la jeunesse — 216712 2021 QCCQ 11682 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000615-205 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 [...], 2019 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 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 is asking the Court to extend a previous judgment rendered by Judge Denyse Leduc on December 18, 2020. [ 2 ] The mother is represented by Mtre. Marie-Michelle Grenier. Mtre.

Fanny Wylde acts on behalf of the young child and Mtre. Adelia Ferreira, for the applicant. The father is not present and has not mandated a lawyer to represent him. [ 3 ] In fact, he has never collaborated with the Director of Youth Protection and has not taken any steps to solve his issues.

Moreover, he has not seen the child since the last judgment. [ 4 ] The Court will proceed in the absence of the father. [ 5 ] Most of the allegations are admitted by the mother and the revision report is filed in lieu of the testimony of the Social Worker. [ 6 ] The evidence reveals that the child remained in the same foster home until the beginning of August and thereafter, was placed in another one. [ 7 ] On her part, the mother still struggles with substance abuse. She continues to drink.

At least she is transparent with the worker regarding her drinking and offers a good collaboration. [ 8 ] She just started taking steps in order to solve her issues, which is very late in the process given the fact that the last judgement was rendered last November. [ 9 ] The mother must realize the young age of the child and that at one point, if she does not act in a timely manner, a stable place will be found for the child. [ 10 ] The mother is not interested to go to [Center A] with her child saying that the therapy is too long. [ 11 ] For a time, she contemplated going to Town A, but she decided not to go because of the language barrier. [ 12 ] She says that she would prefer to attend a land-based treatment in Town B.

[ 13 ] Whichever treatment the mother choses, she will have to do it in the best delays. [ 14 ] The other challenge will be to be and remain sober.

As she lives in an environment where alcohol is present, she will need an aftercare program in order to maintain a lifestyle without alcohol. [ 15 ] The mother was also referred to receive services from the clinic and meet with a psychologist. [ 16 ] She had regular access with the child and so did the grandparents, which is good in order to keep the bond between them. [ 17 ] The recommendations made by the Director of Youth Protection are suitable and are likely to put an end to the situation that endangers the security and development of the child if the mother takes active steps within the next days.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X, born on [...], 2019, are still endangered; [ 20 ] ORDERS the placement of the child in a foster home for a period of six months; [ 21 ] ORDERS that the Director of Youth Protection supervise access rights between the child and the mother as for the frequency, modalities and the presence of a third party; [ 22 ] SUSPENDS contact between the father and the child for a period of 6 months; [ 23 ] ORDERS that the mother remain sober during the visits with the child and not to put him in presence of people who are under the influence of intoxicating substances; [ 24 ] ORDERS the mother to take active steps in order to address unresolved substance abuse issues and that she complete such treatment; [ 25 ] ORDERS the mother to engage in an aftercare treatment program and that she follow the recommendations made by the professional; [ 26 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance and progress; [ 27 ] ORDERS that the mother collaborate with the Director of Youth Protection, contact the worker on a regular basis, that is to say at least every two weeks to inform her of her current situation; [ 28 ] ORDERS that aid, counselling and assistance be provided to the family for a period of six months; [ 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 of one of its representatives; [ 30 ] 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. Fanny Wylde Legal Aid A Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the mother Date of hearing: September 8, 2021