2021 QCCQ 11684, 2021 QCCQ 11684

Protection de la jeunesse — 216715 2021 QCCQ 11684 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000673-212 DATE: September 8, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2016 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits an application asking the court to review and extend a previous judgment rendered by Judge Lucie Godin, J.C.Q., on March 23, 2021. At that time, the child was entrusted to the care of the great-grandmother, Mrs.

C, until September 23, 2021. [ 2 ] The Director asks for a dispense of service to the father for the application. The child is now five years old and he has not seen her since she was six months old. She does not have any bond with Mr. B and this one denies his paternity. [ 3 ] The Court grants this request due to exceptional circumstances and the fact that the father is not involved in the child’s life. [ 4 ] As for the mother, though her lawyer said she was coming in court, she never showed up. Mtre.

Marie-Michelle Grenier considers having a valid mandate from the mother and was able to represent her interest in her absence. Given the fact that the mother was duly served, that time was given to her in order to come to the courthouse, the Court decided to proceed. [ 5 ] Almost all of the allegations of the application are admitted by the mother. [ 6 ] Until the court date, the child remained in the foster family of her great-grandmother and was doing well. However, the great- grandmother asked the Director of Youth Protection to find a foster home for the child.

She want to let go of X because she wants to go in the bush. A foster home was found, but the child has to be prepared in order to be transferred. [ 7 ] The mother admits that she has not respected the calendar of visits. She has not taken X with the sibling for the visits, but at times, she goes to see her at Mrs. C’s home without prior notice to the worker. [ 8 ] Since the last judgment, the mother has not attended treatment for her substance abuse issues. She admits that no steps were taken. She declared to the worker that she went to A centre.

When the Social Worker verified with the centre, there was no record of her attendance there. [ 9 ] At times, the mother is difficult to reach. [ 10 ] The mother is not in a position to regain custody of the child. She has to first attend a treatment centre in order to solve her personal issues and quit drinking.

[ 11 ] Twice in the month of August, the siblings has to be removed from their parents during access rights due to drinking. [ 12 ] The mother must take action as soon as possible in order to solve her issues because the child cannot be in limbo much longer than the next six months. If the mother does not solve her issues on a permanent basis, a life plan must be secured for the child.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X, born on [...], 2016, are still endangered; [ 15 ] ORDERS her placement in a foster family for a period of six months without any reintegration; [ 16 ] ORDERS that contacts between the mother and the child be supervised by the Director of Youth Protection as for the frequency, modalities including supervision by a third person if necessary; [ 17 ] SUSPENDS access rights between the father and the child for the next six months; [ 18 ] ORDERS the mother to actively engage and participate in a treatment program in order to solve her substance abuse issues; [ 19 ] ORDERS the mother to be and remain sober at all times when in the presence of the child; [ 20 ] ORDERS the mother not to put the child in presence of people who are under the influence of any intoxicating substances; [ 21 ] ORDERS the mother not to expose the child to any form of violence; [ 22 ] ORDERS the mother to collaborate with the Director of Youth Protection, meet the worker upon request and to inform the worker of any change in her situation; [ 23 ] ORDERS that aid, counselling and assistance be provided to the child and her mother for a period of six months; [ 24 ] RECOMMENDS that a life plan be secured for the child if the mother does not take steps to solve her problems; [ 25 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family as for attendance, participation and collaboration; [ 26 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection of one of its representatives; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Fanny Wylde Legal Aid A Lawyer for the children Mtre. Marie-Michellle Grenier André Levasseur Avocats Lawyer for the mother Date of hearing: September 8, 2021