2022 QCCQ 13051, 2022 QCCQ 13051

Protection de la jeunesse — 224377 2022 QCCQ 13051 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000871-220 DATE: August 15, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2022 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 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 to the Court an application asking to declare the security and development of X, born on [...], 2022, in danger because of the parents’ lack of supervision. (Section 38 b) (1) (iii) LPJ ). [ 2 ] At the hearing, the mother is present assisted by Me Justine Bergeron. Me Fanny Wylde represents the child, and Me Marie- Josée Ayoub the absent father.

Me Adelia Ferreira represents the applicant. [ 3 ] An evaluation and an orientation report are filed. Judgments concerning the child’s siblings are also filed. [ 4 ] The applicant amends the recommendations considering the new facts involving the mother.

The Director agrees that the child be entrusted to the mother as long as she remains involved in the treatment provided by the Center “A” and maintains her motivation and seeks for her personal issues. [ 5 ] Following this amendment, the mother admits many allegations, acknowledges that the security and development of the baby are endangered and agrees with the amended measures. [ 6 ] The father’s lawyer makes general admission and agrees with the new recommendations. [ 7 ] The evidence reveals that the parents have two other children under protection measures because of their ongoing issues with alcohol and drug consumption.

The parents did not yet attend or complete a treatment program for their issues. The parents are not living together, but they are still in a relationship. [ 8 ] On [...], 2022, the situation of X was reported to the Director because the mother and her newborn child were testing positive to speed. At the time, the mother’s psychological mother C agreed to shelter both the mother and the newborn. The psychological mother’s daughter, D agreed to monitor both the newborn and the mother.

At the time mother had to be constantly reminded to take care of the infant, and not to leave the infant under the care of third parties. [ 9 ] The mother agreed to complete all the requirements to attend “[Center A]”, but she did not complete the forms. On July 1, D left the community for the weekend, and at the same date, the mother left the house and the infant. She went out drinking.

The parents of X were both seen intoxicated in the community. [ 10 ] On July 3, the mother still did not return home, and then, immediate protective measures were invoqued and the child was placed in a foster home. [ 11 ] The mother was contacted and asked to attend a meeting with the youth protection worker in order to discuss the situation of the infant. Until July 7, the mother did not come to the youth protection office, nor require about her baby.

[ 12 ] The evidence also reveals that the mother attended the Center “A” a week ago. As the mother testifies, she should integrate the mother-child unit in a delay of ten days. Her therapy, as evaluated right now, should at least last six or seven months. The mother acknowledges that she participated in year 2020 in a therapy for toxicomania in City A and at the time, she succeeded to remain sober a hundred days. Having now the opportunity to be with her son with her during the therapy, it will help her to stay motivated for the whole treatment. [ 13 ] The parents’ issues with alcohol and drugs are very serious.

It justified, in the past, the placement of their three other children. Over the years, the parents were order many services to help them to stabilize their situation, get sober and have a non-violent relationship but even though, they relapsed. Their evolution is still uneven. [ 14 ] Since X’s birth and his placement in last July, the mother seems more cooperative. She has the support from her former foster family and X’s foster family.

The father also receives the support from his father. [ 15 ] Considering the young age of X, the motivation and the recent collaboration of the mother, the Court agrees with the new recommendations. It is an opportunity for the parents to seek for all the services they required in such a way that the family situation won’t repeat itself over time.

THEREFOR AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of X are in danger (Section 38 b) (1) (iii) of the Youth Protection Act .); [ 18 ] ORDERS the placement of the child in a foster family until his departure for “[Center A]”; [ 19 ] ENTRUSTS the child with the mother as long as she remains at the Center “A” and completes her therapy and follows all the rules of the Center, if not, the child will return in a foster family and will remain there until the end of the present judgment; [ 20 ] ORDERS the mother to attend therapy for alcohol and drugs abuse and an aftercare treatment follow-up; [ 21 ] RECOMMENDS the father to attend therapy for his alcohol and drugs abuse and his personal issues; [ 22 ] ORDERS the Director to supervise the contacts between the child and both parents as for the frequency, duration and presence of a third party if required; [ 23 ] AUTORIZES the Director to share and obtain information from the professionals providing services to the parents; [ 24 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the child for a period of nine months; [ 25 ] ORDERS the parents to collaborate with the Director; [ 26 ] ENTRUSTS the child’s situation to the Director for the execution of the present Court order.

Signed on August 18, 2022 __________________________________ DENYSE LEDUC , J.C.Q. Me Adelia Ferreira Adelia Ferreira, avocate For the applicant Me Fanny Wylde Centre communautaire juridique A For the child Me Justine Bergeron Yves Ménard Avocats inc. For the mother Me Marie-Josée Ayoub Ayoub Avocats inc. For the father Date d’audience : August 15, 2022