2020 QCCQ 14519, 2020 QCCQ 14519

Protection de la jeunesse — 2010151 2020 QCCQ 14519 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000653-206; 614-41-000654-207; 614-41-000655-202; 614-41-000656-209; DATE: December 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER A], Youth Protection Worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and X, born on [...], 2012 Y, born on [...], 2014 Z, born on [...], 2017 A, born on [...], 2020 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 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 asking the Court to declare that the security and the development of X, 8 years old, Y, 6 years old, Z, 3 years old, and A, 8 months old, are endangered because of lack of supervision and psychological ill- treatment (Sections 38 b) 1° iii) and

c) of the Youth Protection Act ). [ 2 ] The family is known by the Director as services were provided to them from 2017 to October 2019. The situation that led the Court to intervene at that time was the drinking of the parent and the incapacity of the mother to protect her children when the father was intoxicated. [ 3 ] On September 15, 2020, the parents agreed to sign a provisional agreement entrusting the children to foster homes. This agreement was renewed on October 15. This was following a report stating that the parents were intoxicated and there was domestic violence.

The father admitted to the Social Worker that he was drinking at that time, but tended to minimize the situation. The mother also admitted that she was drinking. She adds that they drink three times a month. [ 4 ] In spite of the fact that the children were placed because of their drinking, the parents continued to drink during the application of the provisional agreements. [ 5 ] On November 13, 2020, the mother was seen with a black eye.

She denied that it was the father’s doing, stating that she had a fight with a friend. [ 6 ] In the time that has passed since the family began receiving services, the parents should certainly understand what the problems are and how to take steps in order to solve them. [ 7 ] But the same situation occurs again and again and the Director of Youth protection is required to intervene for the well-being of the children. [ 8 ] The parents are in the wrong path when they consider the Court process as winning or losing their case.

The Court is there for the children and the only winners here should be the children themselves.

[ 9 ] The father usually leaves the home to go drinking with friends. The mother, in reaction, starts drinking too. Arguments occur when they are both under the influence of intoxicating substances. [ 10 ] Both parents complain that the maternal grandmother is playing games with them, putting words in the mouths of the two oldest. This situation must be assessed by the Director of Youth Protection to ensure that the grandmother remains objective and respects the parents. [ 11 ] In October, the mother had an appointment with the [Program A] worker, but did not attend.

Concern is raised when the mother testifies that she doesn’t have a drinking problem, never has, and neither does her husband. She has to reminisce the admissions made in the past regarding their alcohol issues and the fact that the father attended treatment in February 2018. [ 12 ] They have to be honest with themselves first. The very first step to any change begins with the acknowledgment of a problem. We are not at this first step yet.

To ensure the safety of the children, a placement is required in order for the parents to realize that they have to change their lifestyle. [ 13 ] The Director of Youth Protection recommends a 9-month placement for the children. The Court is of the opinion that given the young age of A and Z, this could be detrimental to their bond with their parents. So, a shorter placement will take place for them followed by their reintegration before a reintegration of the two oldest.

FOR THESE MOTIVES, THE COURT: [ 14 ] GRANTS the applications; [ 15 ] DECLARES that the security and development of X, born on [...], 2012, Y, born on [...], 2014, Z, born on [...], 2017, and A, born on [...], 2020, are endangered (sections 38

b) iii) and 38

c) of the Youth Protection Act ); [ 16 ] ORDERS the placement of Z and A in a foster family for a period of 6 months; [ 17 ] ORDERS the placement of X and Y in a foster family until the end of August 2021; [ 18 ] ORDERS that access rights between the children and their parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the presence of a third party if required; [ 19 ] ORDERS the parents to seek help for their personal issues and for their alcohol-related problems as soon as possible, and to report the Director of Youth Protection on the steps taken by them; [ 20 ] ORDERS the Director of Youth Protection to inquire about the maternal grandmother’s situation to ensure that it is an appropriate place for the children and that she is objective and respectful of the parents; [ 21 ] ORDER the parents to be and to 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; [ 22 ] ORDERS the parents to fully collaborate with the Director of youth Protection and to meet the Social Worker upon request in addition to welcoming them at their place if required; [ 23 ] ORDERS the parents to report themselves to the Social Worker at least once every two weeks in order to inform her of their current situation; [ 24 ] ORDERS that aid, counselling and assistance be provided to the children and the family for a period of one year; [ 25 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other services provider working with the family as for attendance, collaboration, and the evolution of the situation of their respective clients; [ 26 ] ORDERS any peace officer to collaborate with the execution of the Court orders if required to do so by the Director of Youth Protection or one of its representatives; [ 27 ] 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 Attorney for the applicant Mtre. Cassandra Neptune and Mtre. Yan Massé Centre communautaire juridique A Attorneys for the children, respectively December 10, 2020 and December 11, 2020

Mtre. Marie-Josée Ayoub Marie-Josée Ayoub, Avocate Attorney for the mother Mtre. Michel Grenier Michel Grenier, Avocat Attorney for the father Date of hearing: December 10 and 11 2020