2021 QCCQ 12970, 2021 QCCQ 12970

Protection de la jeunesse — 217217 2021 QCCQ 12970 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000742-215, 614-41-000743-213 DATE: September 28, 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 [...], 2018 And Y, born on [...], 2020 Children And A Mother And B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91of 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 application asking the Court to declare as endangered the security and development of X, 3 years old, and Y, 8 months old, because there is serious risk of neglect and psychological ill-treatment. [ 2 ] At the hearing, both parents are present and are represented by Mtre. Marie-Michelle Grenier. Mtre. Yan Massé acts on behalf of the young children and Mtre.

Magdalena Lempicka on behalf of the applicant. [ 3 ] The parents admit all of the allegations of the application which are: • The children were the subject of a provisional agreement for 30 days, signed on February 23, 2021; • On March 31, 2021, the parents signed a voluntary measures agreement for a period of 4 months and the children were then entrusted back to their parents under strict conditions; • On July 29, 2021, the situation of the children was reported to the Director of Youth Protection with regards to the father being intoxicated in the presence of the children; • As the emergency worker arrived, both parents were present with the children.

The mother was sober, but the father was intoxicated; • On July 31, 2021, the children were subject to a new report made to the Director of Youth Protection with regards to both parents being intoxicated in the presence of the children. It was also reported that the father assaulted a paternal uncle while the children were present; • Consequently, the children were removed from the care of their parents and entrusted to a paternal uncle; • Following this assault, the parents were asked to move out of the paternal grandfather’s house.

The parents went to live with an aunt in a one bedroom trailer; • The parents struggle with alcohol consumption and on July 28, 2021, the mother admitted to the Social Emergency Worker that the father was drinking more often;

• On August 2, 2021, immediate protective measure were invoked and the children were placed in a foster home; [ 4 ] At the hearing, the parents agree with a placement of the children, but for a shorter period of time. The Director of Youth Protection, at first, recommended a period of 9 months of placement. During her testimony, the applicant acknowledged the steps taken by the parents and the fact that the prognosis is better than it was a few weeks ago. [ 5 ] The evidence reveals that both parents are currently working. They will have an apartment in October.

The applicant also said that the parents are very consistent with their Worker and the DYP. [ 6 ] The parents also agree to an online treatment for substance abuse and for anger management. [ 7 ] So, the Worker is in agreement with a placement of 6 months given the fact that the parents worked very hard in order to solve their issues. [ 8 ] Access rights have been granted and everything went well so these access rights will be increased in the following weeks. [ 9 ] The children are very young and they need their parents, but sober ones.

The parents have to remain consistent in their efforts to solve their issues and regain custody of both children. FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the applications; [ 11 ] DECLARES that the security and development of X and Y are endangered (Section 38 b) 2° and

c) of the Youth Protection Act ); [ 12 ] ORDERS the placement of the children in a foster family for a period of 6 months with reintegration with reintegration to the care of the parents when the situation allows it; [ 13 ] ORDERS that access rights between the children and their parents be encouraged and determined by the Director of Youth Protection as for the frequency and modalities; [ 14 ] ORDERS both parents to be and remain sober at all times while in presence of the children; [ 15 ] ORDERS the parents not to expose the children to any person who is under the influence of intoxicating substances or to any form of violence; [ 16 ] ORDER that both parents take steps in order to engage in and complete a substance abuse treatment program (which can be done online) and an anger management program and that they follow the recommendations made by the professionals; [ 17 ] ORDERS that all medical and other services required by the children be provided and as for X, that he attend all appointments and that all the recommendations made by the professionals be put in place in the best delays; [ 18 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 19 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 9 months; [ 20 ] ORDERS both parents to fully collaborate with the Director of Youth Protection, to meet with the Worker upon request and to promptly inform the her of any change in their situation; [ 21 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 22 ] 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. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the children

Mtre. Marie-Michelle Grenier André Levasseur, Avocats Lawyer for the parents Date of hearing: September 28, 2021