2021 QCCQ 11681, 2021 QCCQ 11681

Protection de la jeunesse — 216708 2021 QCCQ 11681 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000579-203; 614-41-000580-201; 614-41-000581-209; 614-41-000582-207 DATE: September 7, 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 [...], 2012 Y, born on [...], 2016 Z, born on [...], 2017 A, born on [...], 2019 Children And B Mother And C Declared father of X, Y and Z and person of interest for A ______________________________________________________________________ JUDGMENT (Sections 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 applications to review and extend a previous judgment rendered by the honourable Denyse Leduc, J.C.Q., on July 29, 2020. [ 2 ] At the hearing, the father, present, is represented by Mtre. Marie-Josée Ayoub. Mtre.

Marie-Michelle Grenier acts on behalf of the mother, Mtre. Fanny Wylde represents the children and Mtre.

Adelia Ferreira acts on behalf of the applicant. [ 3 ] At the beginning of the hearing, the maternal grandparents submitted an application to be declared party in the proceedings. [ 4 ] The Court heard the testimony of the grandmother and decided to deny the application, but to allow them to testify assisted by their lawyer as interested persons. [ 5 ] The grandmother testified that when the children came for visits, twice they had lice in their hair. [ 6 ] During the last visit, the children complained about toothache so the grandmother brought them to an appointment with a dentist.

Their dental health is impeded by cavities and abscesses. On top of that, the children also had scabies. [ 7 ] The children also complained about the situation in Town A. [ 8 ] As for the mother, she states that she is not in a relationship with D anymore and that she is supposed to start an online treatment on September 15. She is enrolled to follow a cooking course in Town B and she will stay at the student residence. [ 9 ] The Court heard the testimony of the father.

From his answers, we could say without a doubt that he was a reticent witness and it impedes his credibility. [ 10 ] From the evidence, the Court considers having preponderant evidence that the father created instability in the life of the children. During the last year, they have lived for a period of time at their paternal grandmother’s place, at their great grandmother’s place, and in the bush. On top of that, a few days a week, the father did not spend the night at home, being with his girlfriend and their

new baby. [ 11 ] There were incidents of violence that reveal that the father has poor self-control. He threw a Nintendo Switch at his girlfriend when she was holding the baby. At another time, he flipped the couch and his girlfriend and the baby fell on the floor. [ 12 ] It seems that the relationship with his new girlfriend is a toxic one and when there is something wrong, they retaliate on each other. [ 13 ] The oldest, X, missed a lot of school without any valid reason. The father stated that he was because he was in the bush and she was taught there.

It does not make sense when we look at the report from the school. X is sometimes there in the morning, not there in the afternoon and other days, it is the opposite. No other explanations were given. [ 14 ] As for Y, he was not enrolled in school. When the father would leave to go to work, he just dropped him off at a friend’s place for the day not knowing what he would be doing during the day. [ 15 ] As for Z, she was found wandering alone in the community. [ 16 ] There was another incident demonstrating lack of supervision.

One of the children took the drill and tore hair out from his younger brother’s head. [ 17 ] When the Court tried to get information from the father about his alcohol consumption, it was not easy to have the whole picture. The father was reluctant to answer the questions. Finally he admitted to drinking 8 to 10 times since June. [ 18 ] The father failed to pay for the daycare. [ 19 ] A police report was filed about an incident that occurred in June when the father threw things at the mother while she was holding the baby.

The baby had bruises on his right eye and had to be sent to Town C for further investigation. [ 20 ] There was another police report about an event that occurred on August 20, 2021, involving the father breaking a window at the house of the person who was babysitting his kids. [ 21 ] Finally a last event occurred on the same night when the paternal uncle tried to go away with baby A while he was under the influence of alcohol. [ 22 ] As a whole, the picture is one of neglect, lack of health services for the children, instability, and psychological ill-treatment. [ 23 ] The children cannot be maintained in this situation any longer without risk for their health, their security and their development.

FOR THESE MOTIVES, THE COURT: [ 24 ] GRANTS the applications; [ 25 ] DECLARES that the security and development of the children X, Y, Z, and A are still endangered; [ 26 ] ORDERS the placement of X, Y, Z and A in a foster family, namely the one of the maternal grandparents E and F, until the end of June 2022; [ 27 ] ORDERS that access rights between the parents and the children be encouraged and supervised by the Director of Youth Protection as for the frequency, modalities and the presence of a third party if deemed necessary; [ 28 ] ORDERS both parents to be and remain sober at all times when in presence of the children and not to expose the children to people who are under the influence of intoxicating substances; [ 29 ] ORDERS the parents to ensure that the children are not exposed to any form of violence; [ 30 ] ORDERS that both parents engage in a treatment program to address their substance abuse issues, and as for the father, also for anger management; [ 31 ] ORDERS the parents to fully collaborate with the Director of Youth Protection, meet the worker upon request and inform the Director of Youth Protection of any change in their situation within 48 hours; [ 32 ] ORDERS that the children receive all medical and dental care required by their situation; [ 33 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the family and the baby as for attendance, collaboration and the evolution of their situation; [ 34 ] ORDERS that aid, counselling and assistance be provided to the family until the end of June 2022; [ 35 ] 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; [ 36 ] ENTRUSTS the situation of the child 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 child Mtre. Marie-Michelle Grenier André Levasseur avocats Lawyer for the mother Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Avocate Lawyer for the father Date of hearing: September 7, 2021