2022 QCCQ 13030, 2022 QCCQ 13030

Protection de la jeunesse — 224356 2022 QCCQ 13030 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000556-201 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 [...], 2019; Child and A, Mother and B, 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 February 12, 2022, by Honourable Lucie Godin, in the situation of X, 3 years old. [ 2 ] The Director asks for another placement of the child in a foster family for four months. [ 3 ] At the hearing, the parents are absent. As they are duly served and well aware of the recommendations.

As the provisional delay of placement are expired, the Court accepts to proceed in their absence. [ 4 ] A revision report is filed and the community worker testified. [ 5 ] Since April, the child is stable in her foster family. The mother visited her two days a week and was allowed to sleepovers three times. [ 6 ] The parents are no longer in relationship. Both live with their respective parents. They did not attend any workshops in order to improve their parental skills. [ 7 ] Since the last judgment, the mother drank on three different occasions to the point of intoxication.

She is still under an order of the Court, being less than 18 years of age, and because she is neglected by her parents. The grandmother has alcohol issues, and it increased since she is separated. The grandfather moved from the house and now lives in City A. The grandmother’s house, where the mother lives, is very messy and she was asked to clean it. [ 8 ] The influence of the grandmother is negative on X’s mother. She cannot count on the support of her parents. [ 9 ] The parents have a new baby during summer.

The baby is provisionally placed in foster family. [ 10 ] Since February, the parents have an unstable relationship. [ 11 ] No evidence was done of the father’s implication in the life of X. There is no evaluation of their maturity, their parental capacities, their motivation, etc. Those informations are required for the next hearing because the Director has to decide a life plan in the best interest of X. [ 12 ] The social follow-up is not ordered just to supervise the visits of the mother. The Court is aware that the mother visited her daughter regularly and she cares for her.

But does she have autonomy or the capacity to develop it? The child’s situation is before the Court for the third time and the Director is unable to pronounce on these. Intensive follow-up is required if the Director wants a revision in four months.

[ 13 ] Considering the evidence, [ 14 ] Considering the child’s interest, FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X are still in danger; [ 17 ] ORDERS her placement in a foster family for a period of four months; [ 18 ] ORDERS the Director to supervise the visits of the parents with the child for the duration and modalities and ORDERS two visits per month; [ 19 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of six months; [ 20 ] ORDERS the parents to take immediate steps to address their substance abuse; [ 21 ] ORDERS the parents to participate immediately to workshops to develop their parental capacities; [ 22 ] ORDERS the parents to complete the [program A] which will be held by the childcare services; [ 23 ] ORDERS the Director to proceed to the evaluation of the parental capacities and to a complete analysis of the parents’ situation; [ 24 ] AUTHORIZES the Director to share and obtain information with the service providers working with the parents; [ 25 ] ORDERS the mother to report to the Director once every two weeks and to participate actively with the community worker; [ 26 ] ENTRUSTS the situation of the child 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 Justine Bergeron Yves Ménard Avoucats inc. For the child A Mother, not represented B Father, not represented Date of hearing: August 18, 2022