2022 QCCQ 13027, 2022 QCCQ 13027

Protection de la jeunesse — 224353 2022 QCCQ 13027 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000428-195 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 [...], 2013; Child and B, Mother and C, 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 November 8, 2021, in the situation of Y, Z, A and X. [ 2 ] The Director asks the placement of the four children in foster family for another period of six months of time. [ 3 ] At the hearing, the parents are absent, but they are represented; Me Fanny Wylde for the mother and Me Justine Bergeron for the father.

Me Marie-Josée Ayoub represents the children and Me Magdalena Lempicka, the applicant. [ 4 ] Revision reports are filed. The parents admit many allegations, and agree with the extend of the placement in foster family and the follow-up. [ 5 ] The evidence reveals that the children remained in the foster home of the paternal grandparents and are doing well. [ 6 ] The father also resides with his parents since the separation and have regular access with his children with the supervision of his parents. [ 7 ] The father did not attend treatment and does not want to work out his marriage.

The father drinks occasionally and spends lot of time in the bush where he is in peace and have no substance contact. The father attends counselling regularly every week. [ 8 ] The mother was released from detention on May 17, 2022. She was arrested last December 2021. Since that time, the mother is sober. She joined the [Centre A] for one month after her release. She attended various workshops during a month. Since her release she has regular contacts with the children. [ 9 ] The mother will attend treatment in City A next September 19 for 6 weeks. She now works regularly.

Her situation improves. [ 10 ] The parents still have to comply with the previous court order if they want the children’s reintegration. They have to seek for services for their personal issues, including treatments for alcohol and drug consumption, anger management and marital counselling. They have to develop their parental capacities. [ 11 ] The evidence reveals now that the parents’ situation improved a little, but they still need specialised services. [ 12 ] The children still have to wait for them. Hopefully they are well taken care by the grandparents. The parents must not deceive them another time.

Their investment, their commitment must be honest, otherwise, the Director will have to prepare long term life plan. [ 13 ] Considering the evidence,

[ 14 ] Considering the agreement of the two oldest children, FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of Y, Z, A and X are still in danger; [ 17 ] ORDERS the placement of the children in foster families for a period of six months; [ 18 ] ORDERS the Director to supervise the contacts between the parents and the children as for the frequency, duration and other modalities; [ 19 ] ORDERS the parents to attend treatment for alcohol and drug consumption and for their personal issues and relapse prevention program. [ 20 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for nine months; [ 21 ] AUTHORIZES the Director to share and obtain information with the service providers working with the parents; [ 22 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on August 25, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Magdalena Lempicka Magdalena Lempicka, avocate For the applicant Me Marie-Josée Ayoub Ayoub Avocats inc For the child Me Fanny Wylde Centre communautaire juridique A For the mother Me Justine Bergeron Yves Ménard Avocats inc. For the father Date of hearing: August 18, 2022