2022 QCCQ 5429, 2022 QCCQ 5429

Protection de la jeunesse — 223331 2022 QCCQ 5429 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000732-216 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A of Health and Social Services A, working in [...]; Applicant and X, born on [...], 2017; Child and A, Mother ______________________________________________________________________ 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 of Health and Social Services A (the Director) asks the Court to review the decision rendered on December 6, 2021, by Honourable Lucille Chabot, J.C.Q. in the situation of Y, 14 years old, Z, 9 years old and X 4 ½ years old. [ 2 ] He asks that the children remain entrusted to the maternal grandmother for another period of six months and various services for the mother. [ 3 ] At the hearing, the mother is present, assisted by Me Yan Massé.

Me Marie-Josée Ayoub represents the children and Me Adelia Ferreira, the applicant. [ 4 ] A revision report is filed and the community worker and the mother testified. [ 5 ] The mother admits all the allegations and agrees with the six months placement of the children and wants six months of social follow-up with the Director. [ 6 ] She believes that a period of 6 months instead of 12 months as recommended of social follow-up is enough because she feels that the Director is watching her. [ 7 ] The oldest child agrees with the recommendations without admissions. [ 8 ] Since July 6, 2021, the Director is involved in the situation of these children.

At the time, they were living in Town A and because of verbal altercation between the mother and her partner, the mother and the children were thrown out of the apartment. The mother was consuming alcohol abusively. [ 9 ] The children were returned in Town B and were entrusted to their grandmother for six months.

The mother was ordered to seek help for alcohol and drug abuse, to receive grief counselling, to take steps to stabilize her living situation and other measures for 12 months. [ 10 ] Now, the evidence reveals that the mother returned to live in Town A in November 2021 and the children remained with the grandmother since. The grandmother is now accepted as a foster home and she is committed to taking care of her grandchildren. [ 11 ] The mother had no home in Town A.

She lived in the room of a patient at the [Hotel A] in Town A, she relapsed. [ 12 ] On February 2020, she was detained after being found outside intoxicated. She was brought to the hospital. She expressed wanting to return to Town B where she does better but she has no ID. She claims it was lost when she was detained in February. [ 13 ] The mother came to visit her children one week during the holidays and returned in Town A before New Year. She phoned them two or three times a week.

[ 14 ] Since April 2022, the mother is back in Town B. She does not do drugs and drinks less. The last time she drank is on April 27, 2022. She has positive contacts with her children and they are happy she is back home. She helps the grandmother. [ 15 ] The mother has not yet attended the workshops at the A center. She stated she doesn’t need to attend those workshops, that she is able to maintain her sobriety on her own way. She stated that she is going through anxiety when she goes to public places. [ 16 ] The grandmother confirmed the mother’s improvement.

She also stated that she was doing the errands like picking up groceries since her daughter is going through anxiety. [ 17 ] Recently the mother met with a specialist concerning her anxiety. She attended few workshops and will continue. [ 18 ] As the grandmother offers a stable, secure home for the children, as the mother helps her daily with the children, as the mother just started to seek services for some personal issues, as she has to maintain her sobriety and stabilize her own situation, the Court considers that the extension of the children’s placement for another six months is in their interest.

For the social follow-up, the Court will impose it for a period of nine months, considering that the mother just started to seek services.

CONSEQUENTLY, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the children are still in danger; [ 21 ] ORDERS the placement of the children in the foster home of the maternal grandmother for a period of six months; [ 22 ] ORDERS the mother to be always sober in the presence of the children and to ensure that they are not exposed to anyone who is under the influence of any intoxicating substance; [ 23 ] ORDERS the mother to seek services for her personal issues at the A center; [ 24 ] RECOMMENDS the mother to be assessed by a psychologist and to follow recommendation made by the professional; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the children and the mother for nine months; [ 26 ] ORDERS the mother to collaborate with the Director; [ 27 ] AUTHORIZES the Director to share and obtain information with the service providers working with the family; [ 28 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on July 12, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Adelia Ferreira Adelia Ferreira avocate Counsel for the applicant Marie-Josée Ayoub ayoub avocats inc Counsel for the children Yan Massé Centre communautaire juridique A Counsel for the mother Date of hearing: June 16, 2022