2019 QCCQ 11528, 2019 QCCQ 11528

Protection de la jeunesse — 192232 2019 QCCQ 11528 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000274-177 DATE: January 11, 2019 ______________________________________________________________________ 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 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , C.Q.L.R., 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 a motion asking the Court to review and extend a previous decision.

The Director presents a long-term placement for the child who is 2 years old. [ 2 ] Mtre Yan Massé represents the interest of the young child. The mother, present, is represented by Mtre Marie-Josée Ayoub and the father, also present, is represented by Mtre Michel Grenier. Mtre Magdalena Lempicka acts on behalf of the applicant. [ 3 ] Many of the allegations contained in the application are admitted by one or the other parent.

The parents strongly disagree with the life plan established by the Director of Youth Protection and challenge the motion even though the time limit established by the law is expired. [ 4 ] The mother admits that she underwent a treatment at Le Portage, in the mother-child program, last October. Soon after, X was entrusted to her care at the treatment centre. [ 5 ] The report from Le Portage states that on at least four occasions, the mother was aggressive towards the child and it was mostly the same regarding the staff.

At the end of November, the child was removed from the care of the mother and returned to the foster family. [ 6 ] On December 10, the mother was expelled from Le Portage. [ 7 ] Le Portage is still willing to have the mother in their program as long as, before attending treatment, she attends an anger management program. [ 8 ] The mother commits herself to attend such a program and, thereafter, resume her treatment at Le Portage. She is currently pregnant and her due date is at the end of January. [ 9 ] The father, on his part, has not taken any steps to resolve his issues.

His drinking problem remains to this day. He says that he would like to finish his course and at the end of it, attend a treatment centre himself. [ 10 ] The parents challenge the recommendations of the Director of Youth Protection for two main reasons : • The mother states that she would be able to resume the care of her child in a near future; • Both parents disagree with the foster family chosen by the Director of Youth Protection to carry out the life plan, which is the

mother’s sister. [ 11 ] The Court had the opportunity to hear the foster family. The child has been living with her and her husband for more than one year. [ 12 ] The foster mother is confronted with the information given by the parents that there is consumption of drugs and alcohol at her place. [ 13 ] She admits that until October 2018, she, herself, consumed drugs (cocaine) and alcohol. She has been a cocaine consumer for many years and consumed more than once a week.

She has never undergone treatment and states that she is now sober. [ 14 ] She has never divulged her consumption habits to the Director of Youth Protection or to the Social Worker even though she was asked these questions. [ 15 ] Moreover, we learn that her husband does not work and uses cannabis every day. This information was also kept from the Director of Youth Protection. [ 16 ] The mother does not know if her husband consumes during the day, but she can say that he does during the evening. For her, it is not a problem since he consumes on the outside porch.

She does not seem to realize that when he comes back in, he is under the influence of drugs and that the child is there. [ 17 ] She said that she had already spoken to him about his consumption, but he did not respond. She adds: “Maybe he is able to stop by himself, but I’m not sure.” [ 18 ] Furthermore, the evidence reveals that neither the mother nor the father get along with the foster mother. [ 19 ] The Court is of the opinion that the life plan established by the Director of Youth Protection is far from appropriate.

We have to keep in mind that the child was removed from the custody of the parents because they were using alcohol and drugs. To place the child in another environment where alcohol and drugs are present is unsuitable and sends a very wrong message to the parents. [ 20 ] The Court takes notice that the Director of Youth Protection investigated the situation of the foster family after the parents had told the Social Worker that they were consumers. Unfortunately, the foster parents were not honest and hid their situation.

This is a very sad situation as the child has established bonds during this time, but he can no longer live in this environment and a new foster family should absolutely be found and the child, gradually transferred. [ 21 ] The Court will order the placement of the child for a period of eight months in order to see if the parents resolved their problems. Otherwise, the Court will contemplate a new life plan to be established by the Director of Youth Protection.

The parents have to be aware that they are at a crossroad: either they resolve their problems rapidly, or another responsible adult will take care of the child on a permanent basis.

FOR THESE MOTIVES, THE COURT: [ 22 ] GRANTS the motion partially; [ 23 ] REVIEWS the situation of the child; [ 24 ] ORDERS the placement of the child in a foster family for a period of eight months; [ 25 ] STRONGLY RECOMMENDS that a new foster family be found for the child and that he be gradually transferred to this new foster home; [ 26 ] RECOMMENDS that the maternal grandmother be assessed as a foster family; [ 27 ] ORDERS the Director of Youth Protection to prepare a life plan for the child, and that the parents be assessed as a possible life plan; [ 28 ] ORDERS that access rights be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 29 ] ORDERS the mother to attend an anger management program and to follow the recommendations of the professionals; [ 30 ] ORDERS the mother to attend a treatment centre such as Le Portage to resolve her addiction issues; [ 31 ] ORDERS the father to take steps in order to resolve own problems regarding the consumption of intoxicating substances; [ 32 ] ORDERS the parents to be and to remain sober when in the presence of the child; [ 33 ] ORDERS the parents to ensure that the child is not exposed to people who are under the influence of intoxicating substances; [ 34 ] ORDERS the parents to take steps in order to address their personal issues, consumption problems and anger management; [ 35 ] AUTHORIZES any professional working with the family to share information with the Director of Youth Protection; [ 36 ] ORDERS the parents to ensure that the child is not exposed to any violence; [ 37 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the family for a period of

eight months; [ 38 ] ORDERS any peace officer to collaborate to the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its representatives; [ 39 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of the measures ordered. Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the Director of Youth Protection Mtre Yan Massé Centre communautaire juridique A Counsel for the child Mtre Marie-Josée Ayoub Ayoub avocats Inc .

Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: January 11, 2019