2020 QCCQ 10443, 2020 QCCQ 10443

Protection de la jeunesse — 207300 2020 QCCQ 10443 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000386-187; 614-41-000383-184; 614-41-000384-182; 614-41-000385-189 DATE: June 16, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, 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 [...], 2002 Y, born on [...], 2006 Z, born on [...], 2008 A, born on [...], 2014 CHILDREN and B MOTHER and C FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 a motion to extend the help offered to the family. On September 27, 2019, Judge Denyse Leduc entrusted the children to the mother with certain conditions.

The children have lived with their mother since then. [ 2 ] For the hearing, the mother is present and represented by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the children. He discussed the situation with the two eldest and is on a legal mandate for the youngest. The father is not present in Court. The very morning of the hearing, the Social Worker presented herself at the father’s camp to offer him a lift to come to court. The father is currently living at Town A, 16 km from Town B. He refused the lift offered saying that a friend would pick him up.

The Court waited for the father, but he never showed up. So, the Court proceeded in his absence given the fact that he was offered every opportunity to be present. [ 3 ] The Director of Youth Protection asked that the children be entrusted to both parents, hoping that they will co-parent. [ 4 ] In fact, the parents are living apart since a few weeks. The father went to live with another woman, pregnant with his second child. The father never disclosed this situation to the Social Worker, alleging that he left home because female friends of the mother were there, which made him uncomfortable.

The Social Worker is made aware of the real motives for the separation at the hearing. [ 5 ] The mother is very emotional, unsettled by the whole situation. She says that she cries a lot and that the children are well aware of the whole situation. [ 6 ] In the past, the mother was very collaborative with the Director of Youth Protection. In May, when a Social Worker presented herself at her place, the mother got angry, thinking that the father asked the Social Worker to come and check on her. There were no red flags done since October 2019, and the mother didn’t understand why they were at her door in May.

At the hearing, she apologized to the Social Worker. [ 7 ] The children are generally doing well under the care of their mother. [ 8 ] The Director of Youth Protection asks that the parents be co-parenting, each of them to live in the family home for one week. The mother is the tenant of the home. The Court has no jurisdiction to ask her to leave the home in order to let the father in. [ 9 ] As there is no effective communication between the parents, co-parenting is not an option for the time being.

[ 10 ] The best interest of the children is to be entrusted to the care of their mother. [ 11 ] The Social Worker has to be and remain neutral in the couple’s situation. [ 12 ] The mother would agree to receive help for her current situation knowing that what she will say to the professional will be kept confidential. She is also in agreement that the children be seen by professionals in order to deal with the family situation.

THEREFORE, THE COURT; [ 13 ] GRANTS the applications; [ 14 ] DECLARES that the security and the development of the children X, Y, Z and A are still endangered; [ 15 ] ENTRUSTS the children to the care of their mother; [ 16 ] ORDERS that any access rights between the children and their father be supervised by the Director of Youth Protection as for the frequency and the modalities after having consulted the mother and, for the two eldest, following their wishes; [ 17 ] RECOMMENDS that the mother seek help for her personal issues and that the information given to the professional remain confidential; [ 18 ] RECOMMENDS that the children receive help in order to deal with the family situation and that the information given to the professionals be kept confidential; [ 19 ] ORDERS the Director of Youth Protection to help the mother and the children to get this help; [ 20 ] ORDERS that aid, counselling and assistance be provided to the parents, Y, Z and A for a period of 8 months; [ 21 ] ORDERS that aid, counselling and assistance be provided to X until [...], 2020; [ 22 ] ORDERS that the children of school age attend school regularly; [ 23 ] ORDERS the parents to be and to remain sober when in the presence of their children and not to put them in the presence of people under the influence of intoxicating substances; [ 24 ] ORDERS that the parents collaborate with the Director of Youth Protection; [ 25 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its duly mandated representatives; [ 26 ] ENTRUSTS the situation of X, Y, Z and A to the Director of Youth Protection A who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A ̶ Town C Attorney for the children Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. ̶ Town D Attorney for the mother Date of hearing: June 16, 2020