2018 QCCQ 16724, 2018 QCCQ 16724

Protection de la jeunesse — 187374 2018 QCCQ 16724 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000236-176 DATE: October 24, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2014 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled in [...] Mother and B , residing and domiciled in [...] Father ______________________________________________________________________ JUDGMENT RECTIFIED (Section 95 Y.P.A., R.S.Q. 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 or Youth Protection A submits to the Court a motion in revision of the judgment rendered on July 27, 2017 by Honourable Lucille Chabot concerning the situation of X, 4 years old.

He asks to extend the placement in foster family for a period of one year. [ 2 ] At the hearing, the father is present with his lawyer Me Michel Grenier. The mother is absent but represented by Me Marie- Josée Ayoub. Me Yan Massé represents the child and Me Adélia Ferreira, the applicant. [ 3 ] A request for postponement is made by the mother’s lawyer because the mother attended a healing therapy. The Court dismissed the motion because the motion was duly served on August 13, and the mother at her last meeting with the social worker, never talked about this therapy.

Such therapy would be in relation with the assault that occurred last May, when she mother under influence of alcohol. Also, the mother did not collaborate with the social worker. At least, the mother should have contact and inform her lawyer and the social worker that she would be absent and of the steps she took to postpone the therapy or attend it earlier. [ 4 ] The father admits most of the allegations and agrees with the recommendations. The mother’s lawyer cannot make any admission but declares that her client wants the child back with her. The evidence is completed with the testimony of Mrs.

C and the revision report. [ 5 ] Since July 2017, X lives in foster family. Last April he had to be transferred because the foster home was closed due to alcohol issue. In his new foster home, the mother’s sister, the child is doing well. The child cannot attend the daycare because the parents did not pay the outstanding bill they had. [ 6 ] The child visits regularly his parents. The visit went generally well but. At times the parents drank and went out, and they left the child with the maternal grandmother. In mid-May, during a visit at the parents’ home, the child and his siblings were left alone.

The Youth Protection was called and they observed that there was blood in the entrance of the home, and alcohol in the home. The oldest sibling stated that the parent drank. The parents admitted it later. [ 7 ] The parents continue to drink regularly to the point of intoxication and it has impact on their relationship. It is unstable and unhealthy. [ 8 ] At times, the father would return to town A for few weeks and then would come back in the community.

[ 9 ] The father seek help for treatment but did not follow through with any program. [ 10 ] The parent’s situation remains the same even if services were ordered. They are informed of the disposition

section 91.1 of the Youth Protection Act and they know they must seek for help right now, urgently. Otherwise the Director of Youth Protection well elaborate a long term placement for this young child.

CONSIDERING THE WHOLE EVIDENCE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of X, born on [...] 2014, are still in danger; [ 13 ] ORDERS his placement in a foster family for a period of one year; [ 14 ] ORDERS the mother and the father to seek help for their substance abuse and to seek help for their personal issues; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts between the child and his parents as for the frequency and the modalities; [ 16 ] ORDERS the parents to be sober in presence of the child; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the child and his parents for one year; [1] ORDERS any police officer to collaborate in the execution of the present judgment; [2] ENTRUSTS the child situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Me Yvan Massé Attorney for the child Date of hearing: August 23, 2018