2020 QCCQ 12323, 2020 QCCQ 12323

Protection de la jeunesse — 207283 2020 QCCQ 12323 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 614-41-000543-209 DATE: June 15, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...] APPLICANT and X, born on [...], 2010 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ 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 application asking the Court to declare as in danger the security and the development of X pursuant to paragraph b) (1) iii) (lack of supervision) of

Section 38 of the Youth Protection Act . [1] [ 2 ] At the hearing, the mother is present and assisted by Mtre. Marie-Josée Ayoub. The father is not present, but he mandated Mtre. Michel Grenier to act on his behalf. X, present, is assisted by Mtre. Yan Massé and the applicant by Mtre.

Magdalena Lempicka. [ 3 ] Neither the motion nor the recommendations made by the Director are challenged. [ 4 ] From the admissions of the parties, the Court has the following evidence: - The child and sibling’s situation was first reported to the Director of Youth Protection during the summer of 2019, due to ongoing conjugal violence between the parents; - The couple broke up during the fall 2019; - During that period of time, the mother offered a good collaboration to the Youth Protection Worker; - However, since her separation, the mother started having alcohol consumption issues; - The mother left the child alone and went out drinking; - The mother was supposed to attend a treatment program on April 21, but, due to the COVID situation, it was postponed; - X started to have serious behavioural issues at home and at school; - The child broke into a house and trashed it; - No charges have been laid against the child because of his age; - The last event involving X took place on February 18, 2020, when he set a fire; - He came to the Youth Protection offices to denounce himself; - He was afraid of his mother’s reaction, did not want to go home because he was afraid that she would hit him;

- The same day, the child was entrusted to a foster family; - The father also displays consumption issues; - For a period of time, the father had no stable place to live; - Recently, he moved in his new girlfriend’s place; - He says, through his lawyer that he would like to be involved in X’s life. [ 5 ] X is currently living with his grandmother in Town A and he is doing very well since then. He respects his grandmother’s rules and agrees to live with her for the next nine months. [ 6 ] X is only ten years old and he needs a stable caregiver.

During the next nine months, the parents will have to receive services in order to solve their alcohol issues. The mother still seems to be interested in attending a treatment centre, which would be of great help for her. [ 7 ] During the hearing, the Court raises the question of behavioural disturbances regarding X. The Court does not come to the conclusion that his situation is compromised because of that motive; it seems very punctual and in reaction to his environment when these acting outs happened. As for now, the child behaves well in the care of his grandmother.

FOR THESE MOTIVES, THE COURT; [ 8 ] GRANTS the application; [ 9 ] DECLARES that the security and development of X, born on [...], 2010, are endangered pursuant to

section 38 b) (1) iii) of the Youth Protection Act ; [ 10 ] ENTRUSTS the child to the care of his maternal grandmother for a period of nine months and, if she is accredited as a foster family, ENTRUSTS the child to her as a foster family; [ 11 ] AUTHORIZES that the child be reintegrated under the care of his mother after six months, if the situation allows it; [ 12 ] ORDERS that the mother attend and complete a substance abuse treatment program and that she follow all recommendations made by the professionals; [ 13 ] ORDERS that access rights between the mother and the child be encouraged, but supervised by the Director of Youth Protection as for the frequency and modalities; [ 14 ] ORDERS the mother to collaborate with the Director of Youth Protection and inform him of her coordinates at all times; [ 15 ] AUTHORIZES all service providers to the family to share information with the Director of Youth Protection about the frequency, attendance and collaboration of their respective clients; [ 16 ] ORDERS that access rights between the child and the father be supervised by the Director of Youth Protection as for modalities and frequency and established in the best interest of X; [ 17 ] ORDERS the parents to collaborate with the Director of Youth Protection and to report to him at the frequency requested by the Social Worker; [ 18 ] ORDERS that aid, counselling and assistance be provided to the child and his family for a period of nine months; [ 19 ] ORDERS any peace officer to collaborate with the execution of the Court orders, if it request to do so by the Director of Youth Protection or one of his representatives; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection A for the execution of the Court orders. _______________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka, Attorneys Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town B Counsel for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc ̶ Town C Counsel for the mother Mtre. Michel Grenier

Counsel for the father Date of hearing: June 15, 2020