2022 QCCQ 13040, 2022 QCCQ 13040

Protection de la jeunesse — 224366 2022 QCCQ 13040 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000713-216 DATE: August 18, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, 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 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on February 17, 2022, by Honourable Lucie Godin in the situation of Y, 1 ½ years old, X, 11 ½ years old and Z, 14 ½ years old. [ 2 ] The Director asks for the placement of Y in a foster home until the age of majority and the extension of the placement of X and Z with their maternal grandmother C for another period of six months. [ 3 ] At the hearing, the mother is present.

The children are represented by Me Fanny Wylde. Me Magdalena Lempicka represents the applicant. The father of X, B, is absent. D, the father of Z, is also absent. He is not involved in the life of Z. [ 4 ] Revision reports are filed. The mother, the foster mother of Y and the community worker testified. [ 5 ] The mother agrees with the placement of the three children for a short period such as six months as recommended but disagrees with the placement of Y until her age of majority. [ 6 ] Since February, the children remained under the care of the grandmother and the foster parent.

They are doing fine in their respective family. [ 7 ] The reintegration of the children with the mother was not possible because the mother has not attended treatment and did not take any steps to attend services at the [Centre A] as ordered. [ 8 ] The mother had financial difficulties during that time and concentrates on her work. She worked in a mine on a

schedule 14 days at work and 7 days off. She was not often in the community when she was on holidays. She spent time in the bush or with friends in City A-City B. She maintained some access with the children. [ 9 ] She attended a healing journey in October 2021, but relapsed few times until December. [ 10 ] Since March, the mother is involved and motivated. She had regular visits with her children. She received her daughter regularly 3 ½ days a week when she was not working.

As she resides at her parents’ home, she has regular contact with her sons. [ 11 ] Her financial problems are resolved, the mother chooses now to concentrate on her children. She stopped working and she meets the community worker regularly. She applied to attend treatment. She meets with the NNADAP worker. She is scheduled to attend a therapy by visio in September. She is even ready to attend such therapy in person. The mother will apply to have her own apartment or house. [ 12 ] The mother is convinced that in few months, her personal situation will improve significantly and the children might be reintegrated.

She is the sole parents involved in the children’s life and the sole provider.

[ 13 ] The social worker agrees with the mother’s statement. She asks for the placement of Y until her majority because the delay of placement of one year is reached. She has a good relation with the mother and is confident she will achieve her goals. [ 14 ] She agrees to extend the visits of Y with the mother. She is aware that the foster mother and the mother have a good and respectful relation. [ 15 ] The foster mother is ready to assume the child on a long term basis but she is also ready to continue for few months. She is aware that there is a bound between the mother and Y.

The child is always happy to see and leave with the mother. There was no negative impact observed from the visits. [ 16 ] With Z and X, the grandmother does not have any issue.

She is ready to assume them six months, giving their daughter the opportunity to seek for the services she needs. [ 17 ] The Court considering the honest testimonies of the mother and the community worker, believes that in a delay of six months, the mother should be able to assume all the parental responsibilities for these three children. [ 18 ] Considering the improvement she did over the last months, the interest she has for her children, her motivation to seek for all the services she needs, [ 19 ] Considering sections 2.4 (5), 91.1 of the YPA , the evidence justifies the Court to exceed the delay in the child’s interest. (Under 91.1).

FOR THESE MOTIVES, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of Y, X and Z are still in danger; [ 22 ] ORDERS the placement of Z and X with the maternal grandmother C for six months; [ 23 ] ORDERS the placement of Y in a foster family for six months; [ 24 ] ORDERS the mother to attend treatment program for alcohol and drug consumption and engage in relapse prevention support service after treatment; [ 25 ] ORDERS the mother to engage herself for therapeutic follow-up and workshops at the [Centre A] services; [ 26 ] ORDERS the Director to supervise the visits of the children with the mother and father as for the frequency, duration and other modalities; [ 27 ] ORDERS the Director to provide aid, counsel and assistance to the mother, the children and the fathers if they required such services for one year; [ 28 ] ORDERS the mother to collaborate actively with the Director; [ 29 ] AUTHORIZES the Director to share and obtain information from the professionals providing services to the family; [ 30 ] ENTRUSTS the situation of the children to the Director for the execution of the present order.

Signed on August 25, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Magdalena Lempicka Magdalena Lempicka, avocate For the applicant Me Fanny Wylde Centre communautaire juridique a For the child A Mother, not represented Date of hearing: August 18, 2022