2021 QCCQ 12971, 2021 QCCQ 12971

Protection de la jeunesse — 217218 2021 QCCQ 12971 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000744-211, 614-41-000745-218 DATE: October 1, 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 [...], 2007 And Y, born on [...], 2009 Children And A Mother ______________________________________________________________________ JUDGMENT (Sections 38 and 91of 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 presents applications asking the Court to declare as endangered the security and development of X, 14 years old, and Y, 12 years old. The motives alleged by the Director of Youth Protection (38 B) 1 o ii) and 38 B) 2

o) are not the ones that the Court considered proven. [ 2 ] Both teenagers admit all the allegations except X for one that is stating that the mother is unable to assume his care. [ 3 ] The mother admits certain allegations. She denied some of the allegations, but during her testimony, they were proven. [ 4 ] On July 28, at around 10 p.m. the situation of the children was reported to the Director of Youth Protection with regards to the mother and her boyfriend being intoxicated in presence of the children. [ 5 ] As the Emergency Worker arrived, the mother was intoxicated and the children were inside the house.

The mother refused the Youth Protection Worker access to her house and became aggressive. [ 6 ] The Youth Protection Worker had to ask the police for assistance to remove the children. An argument broke out between the mother and a paternal aunt who was present. [ 7 ] The children were entrusted to this paternal aunt’s care. [ 8 ] On July 30, both children were met by the Youth Protection Worker. [ 9 ] Y disclosed that her mother uses physical discipline towards her.

One time, she was slapped on the shoulder and it hurt for a few days. [ 10 ] Both youths confirmed that the mother struggles with alcohol consumption and that it could last two days in a row. [ 11 ] When the mother drinks, she hides the children’s shoes so they can’t go and ask for help. [ 12 ] Both teenagers disclosed not feeling safe while under the care of the mother.

[ 13 ] The day of the hearing, X wanted to go back to his mother’s. Y testified that she would prefer to remain in foster family until she is sure that the mother quit drinking definitely. [ 14 ] The presence of the mother’s boyfriend is not appreciated by the children. They say that their mother drinks when he is there. This one seems to have a bad influence on the mother. [ 15 ] The collaboration of the mother with the Social Worker is difficult at times, the mother being very defensive. The Court could see the mother also very defensive during her testimony.

Nonetheless, the mother is taking steps in order to solve her problems and regain custody of the children. She would like them to be back with her right away. [ 16 ] The mother went to see the NNADAP Worker, started an online treatment program and signed up to see the psychologist. [ 17 ] She is a very intelligent woman who is strong willed. She feels judged and repeats that no one will interfere with her parenting. She acknowledges the fact that she physically disciplined her daughter because she was raised the same way. [ 18 ] She wants the best for her children, that they develop their full potential.

She wants them to go far in life and to have a good education. [ 19 ] The values of the mother are not at stake here. They are very prosocial values. [ 20 ] After a few questions, she stated that she is able to use other ways in order to discipline her children.

The Court feels that she needs help in order to achieve that. [ 21 ] The mother will have to regain the trust and the confidence of Y who was, in the past, disappointed by promises made by the mother that have been broken. [ 22 ] The mother has all the potential to change for the better, to quit drinking and to find other ways to discipline the children. [ 23 ] The Director of Youth Protection is recommending a six-month placement. The Court feels that it is a little bit long as the mother has already undertaken programs in order to solve her drinking problem.

She will have to attend parenting skills workshops. [ 24 ] A shorter period of placement could be contemplated here given the age of the teenagers. The Court won’t entrust X back to his mother right away because, with his loyalty to the mother, if something happens, he won’t disclose it.

We have to be sure that the mother offers a good collaboration to the Director first. [ 25 ] The mother must understand that all this is about help and that the goal of the law is for the children to return to her care an never be placed again; FOR THESE MOTIVES, THE COURT: [ 26 ] GRANTS the applications; [ 27 ] DECLARES that the security and development of Y are endangered under subsection

c) and e) 1° of

section 38, and as for X, in regards of subsection

c) and e) 2° of

section 38 or the Youth Protection Act ; [ 28 ] ORDERS the placement of the children in foster families for a period of 4 months with reintegration to the mother as soon as the situation allows it; [ 29 ] ORDERS that the mother continue to receive professional counselling and that she complete a substance abuse treatment program, meet with the NNADAP worker about an aftercare program to maintain her sobriety and follow the recommendations of the professional; [ 30 ] ORDERS that the mother be sober at all times when in presence of the children and not to put them in the presence of people who are under the influence of intoxicating substances; [ 31 ] PROHIBITS any physical discipline towards the children; [ 32 ] STRONGLY RECOMMENDS the mother to attend a parental skills workshop about discipline; [ 33 ] ORDERS that access rights be encouraged, but supervised by the Director of Youth Protection as for the frequency and modalities; [ 34 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for attendance, level of collaboration and the evolution of the situation of their clients; [ 35 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 9 months; [ 36 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 37 ] ENTRUSTS the situation of the teenagers to the Director of Youth Protection for the execution of the Court orders.

__________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the teenagers Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Lawyer Lawyer for the mother Date of hearing: October 1, 2021