2021 QCCQ 12962, 2021 QCCQ 12962

Protection de la jeunesse — 217178 2021 QCCQ 12962 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000274-177, 614-41-000418-196 DATE: September 29, 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 [...], 2016 And Y, born on [...], 2019 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 applications to extend the placement of X, 4 years old, and Y, 2 years old, in foster families. [ 2 ] The mother, present, is assisted by Mtre. Marie-Josée Ayoub. Mtre.

Marie-Michelle Grenier acts on behalf of the father, who is not present. Mtre. Yan Massé represents the young children and Mtre. Magdalena Lempicka, the applicant. [ 3 ] The father admits almost all of the allegations pertaining to him, ignoring the ones related to the mother. [ 4 ] As for the mother, at first she challenged the recommendations of the Director of Youth Protection to extend the placement asking that her children be entrusted back to her immediately. [ 5 ] The mother started her testimony and before the end, changed her mind and agreed with the recommendations of the Director of Youth Protection.

She is currently living at her parents’ place with her boyfriend, C. They have been together since last March. [ 6 ] Before coming back to live at her parents’ place, the mother was living in [Community A] at her boyfriend’s father’s place for a couple of weeks before being kicked out because of her drinking. [ 7 ] Before living in [Community A], she was going back and forth to [Town A] and [Community B] between her boyfriend’s apartment and her parents’ place.

We can say that during the last year the mother displayed instability. [ 8 ] She acknowledges that her boyfriend has prior convictions for sexual abuse on minors. The Court does not know the context of the crimes he was convicted of, but the situation is worrisome for X and Y. [ 9 ] The mother never informed the Director of Youth Protection of her whereabouts when she decided to move from place to place. [ 10 ] In February or March, she participated in a Youth Healing Retreat and in September she attended a 5-day family retreat. [ 11 ] She was supposed to start an online treatment on July 12, but she didn’t.

She explained that she does not believe in online treatments and would attend a treatment centre physically. When questioned about the steps taken to attend a treatment centre, she said that she met with D, community worker in [Community B], in July. She would have been informed that a place would be available in

October. [ 12 ] She acknowledges that she has a problem with anger, but denies having a problem with drug and alcohol consumption. The last time she drank was in August. As for drugs, she consumed speed in September. [ 13 ] She is currently facing criminal charges for assault on a police officer and she is bound by conditions not to drink alcohol. [ 14 ] The Director of Youth Protection is asking for an extension of placement for a period of 6 months. The next 6 months are critical.

Or the parents solve their problems on permanent basis or a life plan will be secured for both children. [ 15 ] X has lived most of his life in foster families and the time limit has been reached for a long time. It is the same situation for Y. [ 16 ] The Director of Youth Protection first recommended that the reintegration of the children, if possible, be with the father. The Court will leave open for both of the parents the possibility of reintegration to their care. It is the last chance given to the parents to correct the situation.

They will have to fully collaborate with the Director of Youth Protection that is to say to meet whenever required and promptly inform them of any changes in their situation. [ 17 ] Six months could seem short for the parents to solve their issues, but for the children, it is a very long time. They cannot be put on hold indefinitely and they have the right to have responsible adults taking care of them on a permanent basis.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] MAINTAINS that the security and development of X, born on [...], 2016, and Y, born on [...], 2019, are still endangered; [ 20 ] ORDERS the placement of the children in a foster family for a period of 6 months with reintegration to one or the other parent if the situation allows it; [ 21 ] ORDERS that access rights be supervised by the Director of Youth Protection as for the frequency, modalities and the presence of a third party if needed and that they be established in the best interest of the children; [ 22 ] ORDERS the Director of Youth Protection to take all the necessary measure to ensure that the children are safe during these access rights; [ 23 ] PROHIBITS the mother to put the children in presence of C for the entire period of 6 months; [ 24 ] ORDERS the parents to be and remain sober when in presence of the children and not to put them in presence of people who are under the influence of intoxicating substances; [ 25 ] ORDERS the mother to take active steps in order to address her personal issues (anger) and substance abuse issues; [ 26 ] ORDERS the parents to engage in an aftercare treatment program and to follow the recommendations made by the professional; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for progress and attendance; [ 28 ] ORDERS that the parents fully collaborate with the Director of Youth Protection, meet the worker upon request and promptly inform her of any changes in their personal situation; [ 29 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 6 months; [ 30 ] 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; [ 31 ] 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. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the child Mtre. Marie-Josée Ayoub

Marie-Josée Ayoub Lawyer Lawyer for the mother Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the father Date of hearing: September 29, 2021