2020 QCCQ 14420, 2020 QCCQ 14420

Protection de la jeunesse — 2010129 2020 QCCQ 14420 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000632-200 DATE: December 8, 2020 ______________________________________________________________________ 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 [...], 2019 Child 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 an application asking the Court to declare as endangered the security and development of X, 14 months old, due to lack of supervision and serious risk of neglect (sections 38 b) 1°iii) and b) 2° YPA ). [ 2 ] At the hearing, only the mother is present. Mtre. Marie-Josée Ayoub acts on behalf of both parents even though the father is not present. Mtre. Yan Massé represents the child and Mtre.

Adelia Ferreira, the applicant. [ 3 ] The parents are in agreement with the intervention of the Director of Youth Protection in their lives, but the mother disagrees with the recommendations of a 6-month placement in the foster home of the maternal grandmother. She would prefer a shorter period of 3 months. [ 4 ] On February 16, 2020, the situation of the child was reported to the Director of Youth Protection. An emergency worker went to the parents’ home to find them highly intoxicated. The mother had a black eye. She states that it was the father’s former girlfriend who attacked her.

At that time, the child was not at home, but it appears that the mother had called someone to come and pick up the child when she learned that the Youth Protection Worker was coming. [ 5 ] The same day, immediate protective measures were applied and the child was entrusted to a maternal aunt. The next day, the mother agreed to reside with the child and the maternal aunt. So, the child was entrusted to her. [ 6 ] A week later, the mother refused to return to the maternal aunt’s home and went drinking with the father.

Once again, immediate protective measures were applied and the child was entrusted to a foster home. [ 7 ] At the beginning of March, the mother agreed to live at the Women’s Shelter in order to regain custody of the child. Soon after, she changed her mind and wanted to go live with the maternal grandmother in Town A. [ 8 ] The mother came back to Town B in April.

An agreement on voluntary measures was signed and the child was entrusted to the parents who engaged themselves to complete a drug and alcohol treatment program as soon as possible, which they didn’t do to this day. [ 9 ] On September 12, the mother went out drinking, leaving the child with the father. When the emergency Social Worker came to the father’s place, they found him intoxicated, aggressive. The child was then removed and entrusted to the maternal grandmother, who was in Town B at that time, until the father sobered up. [ 10 ] On September 29, 2020, the parents were drinking again.

On October 1, 2020, the mother went to pick the child up at the daycare while she was intoxicated.

[ 11 ] The Director of Youth Protection was informed and the child, entrusted to a foster home. [ 12 ] The next day, when the mother was met by the Social Worker, she agreed that the child be entrusted to the foster home of the maternal grandmother in Wemindji. [ 13 ] As for the father, he refused to meet with the worker in order to discuss the situation of the child. [ 14 ] Very recently, the mother completed an online treatment program. [ 15 ] The weekend before the court, the father drank so the mother left to go to Town A.

This is the fourth time the mother leaves Town B to go to Town A since last February. [ 16 ] The evidence shows that the parents’ relationship is unstable, that the mother always gives priority to the father instead of her child, and that the father still displays alcohol-related problems. [ 17 ] The couple will have to clarify their situation before thinking about regaining custody of the child. The mother, if she maintains wanting to live apart from the father, will have to prove that she is able to maintain her sobriety for a few months.

The three months offered by the mother are not enough, considering that this has been an ongoing situation for a long time. [ 18 ] The mother says that she applied to have a house in Town B 2 years ago, but she is still on a waiting list. For the time being, she says that she is ready to live in Wemindji in order to be close to the child. [ 19 ] The Director of Youth Protection is asking the Court to order that the parents submit to random drug testing upon request. The Court has no such jurisdiction under

section 91 of the Youth Protection Act . Moreover, the father is not present and could not consent to such an order. As for the mother, there was no clear consent given to this specific recommendation. The Court is of the opinion that it is a very invasive means to monitor the situation of the parents and that there are other ways, like red flag visits, to ensure the safety of the child. [ 20 ] The situation of the parents has created instability for the child, having to go back and forth between the extended family and the parents. It is a lot for such a young child and he needs a certain period of stability.

FOR THESE MOTIVES, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of X, born on [...], 2019, are endangered pursuant to sections 38 b) 1° iii) and b) 2° of the Youth Protection Act ; [ 23 ] ORDERS that the child be entrusted to a foster family, namely the one of the maternal grandmother, C, for a period of 6 months with reintegration to the care of one or the other parent if the situation allows it; [ 24 ] ORDERS the father to complete a drug and alcohol treatment program and to follow the recommendations of the professional, all this in the best delays; [ 25 ] RECOMMENDS the mother to seek help in an aftercare program to maintain her new lifestyle; [ 26 ] ORDERS the parents to be and remain sober when in the presence of the child and not to put the child in the presence of people who are under the influence of intoxicating substances; [ 27 ] ORDERS the parents to ensure that the child is not exposed to any form of conflict or violence; [ 28 ] ORDERS that contacts between the child and the parents be supervised by the Director of Youth Protection as for the modalities, terms and degree of supervision, including a third party if necessary; [ 29 ] ORDERS the parents to fully collaborate with the Director of Youth Protection and meet with the worker upon request as well as to promptly advise them of any change of address; [ 30 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other service providers working with the family as for the attendance, collaboration and evolution of the situation of their respective clients; [ 31 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year; [ 32 ] ORDERS any peace officer to collaborate with the execution of the Court order if requested to do so by the Director of Youth Protection or one of its representatives; [ 33 ] 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. Adelia Ferreira Ferreira Lempicka Attorneys

Attorney for the applicant Mtre.Yan Massé Centre communautaire juridique A Attorney for the Child Mtre. Marie-Josée Ayoub Marie-Josée Ayoub, Avocate Attorney for the parents Date of hearing: December 8, 2020