2022 QCCQ 11288, 2022 QCCQ 11288

Protection de la jeunesse — 223205 2022 QCCQ 11288 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000368-185 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […]; Applicant and X, born on […], 2018; 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 A (the Director) asks the Court to review the decision rendered on January 11, 2022, in the situation of the four children. [ 2 ] He asks that the children be placed in foster families or entrusted to maternal relatives. [ 3 ] At the hearing, Me Justine Bergeron represents the absent father and Me Marie-Josée Ayoub the present mother. Me Yan Massé represents all the children and the oldest child gave him a clear mandate.

Me Adelia Ferreira represents the applicant. [ 4 ] The parties admit many allegations and agree with the recommendations especially the recent mother’s proposition. The mother suggests to let all the children entrusted to her sister C, who will move in the family house. She will move somewhere else.

She discussed with the aunt of this proposition and the aunt agreed with it as long as it is at the exclusion of the mother, except when she will be duly authorized by the Director. [ 5 ] The applicant agrees with the mother’s recommendation and considers that it is in the interest of the children to be reunited and to live in their family home. [ 6 ] The evidence reveals that the mother continued to drink to the point of intoxication for few months after the last judgment. Her home was boarded up by the housing department in January 2022 for issues of drinking and partying.

She was able to return but again her home was boarded up for few weeks on March 20 for the same reasons. [ 7 ] The mother lived in a women shelter from March 20 to April 30, 2022. [ 8 ] Now the mother lives at the maternal grandmother’s home. [ 9 ] She applied for treatment with the father in February but did not attended. [ 10 ] The mother attended workshops at the center A and had sessions with psychotherapist at the clinic; an outreach worker from Town A treatment center and a counsellor from the center A. [ 11 ] Since the mother’s situation improved, she had regular contacts with her children.

Y and Z were living with the maternal aunt C in the mother’s home. [ 12 ] The mother applied to attend treatment in Town A and will leave on June 27 for a 6 weeks treatment program. The mother decided to give priority to the children, realising that the oldest child feels attached to the foster parents and lost some trust in her. [ 13 ] The father did not seek for services and did not enquire about his children or visits. On June 1, for the first time he contacted the

community worker. He informed her that he would see a psychotherapist; that he was already booked to go. [ 14 ] The parents are separated since March 2022 and the mother is sober since. She has to work solely by herself at the orders made, and let the father do as he pleases.

She has to develop the children’s trust and put an end to the cycle that was over the last six years. [ 15 ] Considering the whole evidence, the children’s best interest, FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of D, Y, Z and X are still in danger; [ 18 ] ORDERS the placement of the four children in the foster home of C, who will reside with the children in the mother’s house at her exclusion, except when the mother is authorized by the Director.

The duration of the placement is six months. [ 19 ] ORDERS the mother to attend treatment program specifically the one in Town A, Québec and to be involved in an aftercare program as long as required by the professional. [ 20 ] ORDERS the mother to continue her follow-ups with the psychotherapist and the counsellors at the center A for the duration required by the professionals. [ 21 ] ORDERS the father to inform the Director of any steps taken regarding his alcohol and drugs consumption issues. [ 22 ] ORDERS the Director to supervise all the contacts between the children, the mother and the father as for frequency, duration and presence of a third party. [ 23 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents for a period of 12 months; [ 24 ] 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. Adelia Ferreira Me Adelia Ferreira Counsel for the applicant Yan Massé Centre communautaire juridique a Counsel for the youth Marie-Josée Ayoub Ayoub Avocats inc Counsel for the mother Justine Bergeron Yves Ménard Avocats inc Counsel for the father Date of hearing: June 16, 2022