2022 QCCQ 13047, 2022 QCCQ 13047

Protection de la jeunesse — 224373 2022 QCCQ 13047 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000860-223 DATE: August 15, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and B Mother and C 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 the Court an application asking that the security and development of Y, 14 years old, Z, 11 years old, X, 9 years old, and A, 8 years old, be declare in danger because of the parents neglection in the supervision of the children, of the serious risk of neglection and also for the psychological ill treatment, in regards of

section 38 b) (1) (iii), b) (2) and

c) of the Youth Protection Act . [ 2 ] At the hearing, the mother is present, represented by Me Marie-Josée Ayoub. Me Fanny Wylde represents the four present children. For X and A, she is on a legal mandate. Me Adelia Ferreira represents the applicant. The father is absent even if duly served. [ 3 ] First the applicant asks to amend the recommendations included in the orientation report filed.

Now, the Director agrees to intrust all the children to the mother at the exclusion of the father and as long as all the contacts with the father are under the supervision of the Director, that the children have regular school attendance, that the Director is allowed to make unannounced visits at home and that the mother keep her home environment clean at all time. [ 4 ] With such amendments, the mother admits many allegations and agrees with the recommendations. [ 5 ] Me Wylde, for the two oldest children, also admits many allegations. [ 6 ] The mother acknowledges the facts that the children gave her hard time to go to school.

She was unable to have the sufficient authority to send them to school. The father was not very collaborative and was not helping her. [ 7 ] As the father and the mother do not live together anymore, considering that the mother is ready to collaborate and to seek for all the services she needs, and is ready to develop more appropriate parental skills, the Director believes that the children can remain with her at the exclusion of the father. The oldest children agree with the recommendations and they understand that they will have to collaborate with the Director and will have to respect all the conditions.

The mother has already register the children at school. [ 8 ] Considering the evidence and the agreement of the parties, FOR THESE MOTIVES, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DÉCLARES the security and the development of Y, Z, X and A are in danger in regards of

section 38 b) (1) (iii), b) (2) and

c) of the Youth Protection Act ; [ 11 ] ENTRUST the children to the mother at the father exclusion;

[ 12 ] ORDERS the Director to supervise the contacts between the father and the children as for the frequency, duration and presence of a third party; [ 13 ] ORDERS the father to always be sober in presence of the children; [ 14 ] ORDERS that the children have the full assessment of a psychologist and follow the recommendations done by the professional; [ 15 ] RECOMMENDS that the mother undergo parental assessment and follow the recommendations of the professional; [ 16 ] ORDERS that the children attends school full time, except for medical purpose; [ 17 ] ORDERS the mother to keep the home environment clean at all time; [ 18 ] AUTORIZES the Director to make unannounced visits at the mother’s place; [ 19 ] AUTORIZES the Director to obtain and share information with all services providers working with the children and the parents; [ 20 ] ORDERS the Director of youth protection to provide aid, counsel and assistance for a period of six months; [ 21 ] ORDERS the mother to report to the Director once every two weeks; [ 22 ] ORDERS any peace officer to collaborate with the execution of the present Court order; [ 23 ] ENTRUSTS the children’s situation to the Director for the execution of the present judgment; Signed on August 16, 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 Marie-Josée Ayoub Ayoub Avocats inc. For the mother C Father, not represented Date d’audience : August 15, 2022