2021 QCCQ 11678, 2021 QCCQ 11678

jocelProtection de la jeunesse — 216700 2021 QCCQ 11678 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000503-195; 614-41-000504-193; 614-41-000505-190; 614-41-000506-198 DATE: September 10, 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 [...], 2006 And Y, born on [...], 2009 And Z, born on [...], 2012 And A, born on [...], 2017 Children And B Mother And C Father ______________________________________________________________________ JUDGMENT (Section 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 extend the placement of X, 15 years old, Y, 12 years old, Z, 9 years old and A, 4 years old, in foster families. [ 2 ] At the hearing, the mother is absent, but mandated Mtre.

Marie-Michelle Grenier to act on her behalf. Mtre. Fanny Wylde represents X and Y on a conventional mandate and Z and A on a legal mandate. Mtre. Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The father is present, he testified, but is not represented by an attorney. At the beginning of the hearing, the father requested a postponement to mandate a lawyer.

The evidence reveals that he did almost nothing to reach a lawyer despite fact that he received the applications on August 19 so, the Court decided to proceed because it is in the best interest of the children not to be put on hold for a longer period of time. [ 4 ] The children admit all of the allegations that they are aware of. The parents admit almost all of the allegations and these are: • The situation of the parents did not improve; • They continue to drink and the mother continues to do speed.

As for the father, he said that he decreased his intake of speed; • The father did not meet with the NNADAP worker or the A worker and did not attend treatment and/or therapy for his issues; • The mother informed the Youth Protection Worker that she contacted the NNADAP worker, but did not follow through; • The parents continue to live together, but their relationship continues to be unstable; • The mother reported that the father has thrown her out of the home on a few occasions. The father adds that it is when she is under

the influence of intoxicating substances; • The parents did not take steps to resolve their matrimonial difficulties; • The parents have irregular contacts with their children; • The parents’ visits were suspended in April 2021 after one of the older daughters stabbed the father. When this event occurred, all the parties were highly intoxicated; • The children remained in the same foster homes and are doing generally well; • A needs special care; [ 5 ] At the time of the hearing, the father was detained. [ 6 ] X is living in Town A with her aunt, Mrs.

D, with her older sister E. [ 7 ] As for Y and Z, they are still living in the foster family of F. The maternal aunt, Mrs. D, would be interested to foster them as soon as renovations are made and rooms are built in her house for them. [ 8 ] A is currently living with Mrs.

G and a short-term placement is requested in order to secure a life plan for him. [ 9 ] For the time being, the parents are not able to resume the care of the children or to answer their needs. [ 10 ] Even given strong warnings from the Court about possible long-term placements for their children, they continued to drink and maintained a chaotic lifestyle which is incompatible with the presence of children. In the last judgment, the Court wrote: “The next six months will be decisive. The parents are at a crossroad. For the children, time is of the essence.

The parents will have to work seriously on the issues that impair their parental skills. They will have to demonstrate that the children are their priority and not alcohol. The children cannot be kept waiting for a long time without prejudice.” [ 11 ] To this day, the situation of the parents has not improved and we can say that it has even worsened. [ 12 ] The children have the right to have responsible adults who will take care of them on a long-term basis.

The Court hopes that it will be possible for Y and Z to be reunited with X and E at their aunt’s place, which might be done within the next six months. [ 13 ] There is no foreseeable reintegration of the children with their parents in a near future. The parents have longstanding issues with alcohol and violence, problems for which they haven’t taken any steps in order to solve. [ 14 ] The revision report outlines many incidents that occurred.

Even when the parents had short access with their children, they couldn’t protect them from their intoxication and violence. [ 15 ] The recommendations made by the applicant are in the best interest of the children. [ 16 ] FOR THESE MOTIVES, THE COURT: [ 17 ] GRANTS the applications; [ 18 ] DECLARES that the security and development of X, Y, Z and A are still endangered; [ 19 ] ORDERS the placement X, born on [...], 2006, in the foster family of D until she reaches the age of majority; [ 20 ] ORDERS the placement of Y, born on [...], 2009 and Z, born on [...], 2012, in a foster family for a period of six months with a possible reintegration in the foster family of H as soon as the situation allows it. [ 21 ] ORDERS the placement of A, born on [...], 2017, in a foster family for a period of six months; [ 22 ] RECOMMENDS that a life plan be secured for Y, Z and A; [ 23 ] ORDERS that visits and contacts between the siblings be encouraged as much as possible; [ 24 ] SUSPENDS temporarily all contact between the children and the parents until the parents are committed to respecting conditions imposed and thereafter, that access rights be supervised by the Director of Youth Protection as for frequency and modalities, including the supervision of a third party if deemed necessary; [ 25 ] ORDERS that the parents remain sober at all times when in presence of their children; [ 26 ] ORDERS the parents not to put the children in presence of people who are under the influence of intoxicating substances; [ 27 ] ORDERS the parents to fully collaborate with the Director of Youth Protection, meet the Worker upon request and inform the Worker of any change in their situation, including police intervention, within 24 hours; [ 28 ] RECOMMENDS that the parents seek help with a professional in order to solve their personal issues (substance abuse, violence and conjugal issues); [ 29 ] AUTHORIZES that the Director of Youth Protection obtain and share information with all service providers working with the

family; [ 30 ] ORDERS the parents to remain actively involved with their children’s schooling and medical appointments if requested to do so; [ 31 ] ORDERS that aid, counselling and assistance be provided to X and her family until she reaches the age of majority; [ 32 ] ORDERS that aid, counselling and assistance be provided to Y, Z, A and their parents for a period of 6 months; [ 33 ] 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; [ 34 ] ENTRUSTS the situation of the children 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. Fanny Wylde Legal Aid A Lawyer for the children Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the mother C Not represented by a lawyer Father Date of hearing: September 10, 2021