2021 QCCQ 17275, 2021 QCCQ 17275

Protection de la jeunesse — 217182 2021 QCCQ 17275 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No: 614-41-000448-193; 614-41-000450-199; 614-41-000449-191 DATE: October 13, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection of the […] Board of Health and Social Services of A Applicant And X, born on [...], 2012 And Y, born on [...], 2013 And Z, born on [...], 2015 Children 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 submits an applications to extend previous Court judgments from August 18, 2020, concerning X and from October 6, 2020, concerning Y and Z.

X was entrusted to the foster home of his grandparents for a period of 12 months and the two youngest were entrusted to the care of the mother for a period of 9 months with supporting measures. [ 2 ] For the hearing, Mtre. Serge Fleury acts on behalf of the mother. The father, duly served, is neither present nor represented by a lawyer. Mtre. Yan Massé acts on behalf of the children and Mtre. Adelia Ferreira represents the Director. [ 3 ] Most of the facts are admitted by the mother.

She agrees with the recommendations made by the Director of Youth Protection to entrust X to the care of the foster home of his paternal grandparents for a period of 12 months and that Y and Z be entrusted to her care for the same period of time. [ 4 ] Revision reports were filed in lieu of the testimony of the applicant. [ 5 ] As for X, the evidence reveals that he remained in the same foster home and had regular access with both of his parents.

Y and Z resided with their mother and red flags were made regularly and no concerns were raised. [ 6 ] The father continues to struggle with his substance abuse issues and often drinks to the point of intoxication.

He attended treatment, but relapsed soon after. [ 7 ] As for the mother, she had a few relapses, but she is doing generally well. [ 8 ] As for Z, she visits her father at the paternal grandmother’s home, but Y sometimes goes to his place. [ 9 ] It seems that the foster home of the grandparents will need some support given the facts that, with the child and the father, were caught trespassing on a property. It is important that interventions be made with them.

As they acts as role models for X, they have to be conscious of the impact of their behaviour on the child. [ 10 ] The recommendations made by the Director are adequate and in the best interest of the children. [ 11 ] The Court is informed that the mother will take steps in order to seek custody of Y and Z in a near future.

FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the applications; [ 13 ] REVISES and EXTENDS the judgment rendered on August 18, 2020; [ 14 ] ORDERS the placement of X, born on [...], 2012, in a foster family, namely the foster family of his paternal grandparents, and this for a period of 12 months; [ 15 ] ENTRUSTS Y, born on [...], 2013, and Z, born on [...], 2015, to the care of their mother for a period of 12 months; [ 16 ] TAKES NOTICE that the mother is going to take steps in order to get custody of Y and Z; [ 17 ] ORDERS that access rights between the children and the father be supervised by the Director of Youth Protection as for the frequency, modalities and the presence of a third party; [ 18 ] ORDERS that access rights between X and his mother be monitored by the Director of Youth Protection, that they take place minimally once a months, to be organized among all the parties; [ 19 ] ORDERS the parents to be and remain sober at all times when in the presence of the children; [ 20 ] ORDERS father to address his substance abuse and anger management issues (domestic violence); [ 21 ] ORDERS the father to take steps in order to receive services and counselling; [ 22 ] ORDERS that the mother continue to work on her healing journey related to her substance abuse and personal issues; [ 23 ] ORDERS that the children receive all medical care as required; [ 24 ] ORDERS the mother to continue the follow-up with her CLSC Worker; [ 25 ] ORDERS the parents to ensure that the children are not exposed to any kind of violence or to anyone who is under the influence of alcohol or drugs; [ 26 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for attendance, collaboration and the general evolution of their situation; [ 27 ] ORDERS that the parents fully collaborate with the Director of Youth Protection, meet the Worker upon request; [ 28 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 12 months; [ 29 ] 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. Yan Massé Legal Aid Lawyer for the children Mtre. Serge Fleury Serge Fleury Lawyer Lawyer for the mother Date of hearing: October 13, 2021