2022 QCCQ 13043, 2022 QCCQ 13043

Protection de la jeunesse — 224369 2022 QCCQ 13043 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000798-217 DATE: August 15, 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 [...], 2013; 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) submits the Court two applications for revision of the judgments rendered February 14, 2022, by Honourable Lucie Godin, in the situation of Y, 11 years old and X, 10 years old. [ 2 ] Now, the Director asks that the security and development remain declared in danger, and the children’s placement in a foster family for a period of nine months, with the reintegration with the parents after six months, if the situation allows. [ 3 ] At the hearing, the parents are present, not represented.

Me Adelia Ferreira represents the applicant and Me Justine Bergeron represents the children who are present. [ 4 ] A revision report is filed. [ 5 ] The parents testified. They both admit many allegations and both agree with the measures. The evidence reveals the following facts: Both children remain in the same foster home. The grandparents reported that the hygiene is poor in the foster home and that the children were left alone at home. A report was already sent at the foster home department to investigate these facts. [ 6 ] The parents’ situation remains basically the same.

They did not take any step to solve their issues. They continue to drink and to use drugs. The parents were seen in the community highly intoxicated. The parents’ collaboration with the Director is minimal. They did not solve their issues and consequently they are not in position to resume care to the children. [ 7 ] Both parents agree with the measures. The mother is now working and she has to remain in the bush for her work. Consequently the mother is less drinking. She is now ready to enter a therapy and stabilise her situation.

She sincerely believes that after six months she will be able to start the children’s reintegration. For the father, he declares that he is now in process to attend therapy.

He accepts the support, the counselling of the Director and accept the unannounced visits at home. [ 8 ] Until the parents take the necessary measures to improve their personal issues, the children need to live in a safe and free alcohol family environment. [ 9 ] Considering the whole evidence and the agreement of the parents with the measures, FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the applications; [ 11 ] DECLARES that the security and development of X and Y are still in danger;

[ 12 ] ORDERS the placement of the children in a foster home for a period of nine months with integration to the parents after six months if the situation allows; [ 13 ] ORDERS the Director to supervise all the contacts between the children and the parents as for the frequency, duration and all other modalities including the presence of a third party; [ 14 ] ORDERS the parents to attend therapy for their alcohol and drug abuse and for their personal issues and to attend aftercare program as long as the professional will require; [ 15 ] ORDERS both parents to collaborate with the Director and to meet worker upon request and inform the worker of any change; [ 16 ] ORDERS the parents to maintain their sobriety in presence of the children and not let any intoxicated person in their presence; [ 17 ] AUTHORIZES the Director to perform unannounced visits to the family during visits; [ 18 ] AUTHORIZES the Director to share and get information concerning the evolution of the parents with the professional providing them services; [ 19 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of 12 months; [ 20 ] ENTRUSTS the children’s situation to the Director for the purpose of the execution of the present enactment.

Signed on August 18, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Adelia Ferreira Adelia Ferreira, avocate For the applicant Me Justine Bergeron Yves Ménard Avocats inc. For the child A Mother, not represented B Father, not represented Date of hearing: August 15, 2022