2020 QCCQ 10689, 2020 QCCQ 10689

Protection de la jeunesse — 206981 2020 QCCQ 10689 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000353-187; 614-41-000354-185; 614-41-000355-182 DATE: June 18, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the [...] Health and Social Services A, working in Town A.

APPLICANT and X, born on […], 2008 Y, born on […], 2011 Z, born on […], 2014 CHILDREN and A MOTHER and B 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 applications asking to review and extend a previous judgment rendered by Dominique Wilhelmy, J.C.Q. on July 5, 2019.

A placement of X in a rehabilitation centre for a period of one year was rendered at that time and as for Y and Z, they were entrusted to a foster family for the same period. [ 2 ] For the hearing, Mtre. Yan Massé represents the children who are not present in court. Mtre. Marie-Josée Ayoub acts on behalf of the mother and Mtre. Michel Grenier for the father. Both parents are present. Mtre.

Adelia Ferreira acts on behalf of the applicant. [ 3 ] The present applications are not challenged by the parents who are in agreement with the recommendations made by the Social Worker with certain additions regarding access rights for which the applicant agrees. [ 4 ] The parents went for treatment last September. Unfortunately, they relapsed in January 2020, and consequently, the reintegration was not possible.

To keep away from the temptation of consuming, the parents went to live in the bush in February and have remained there since then. [ 5 ] For the time being, the parents do not have a home since they have cumulated a debt for the rent. [ 6 ] When in the community, the mother resides at the grandmother’s house. [ 7 ] X did very well within the services of the reception centre and the professionals are of the opinion that such a structured environment is no longer necessary. [ 8 ] The parents agree that all the children be entrusted to foster families for the next six months with a reintegration within three months if the situation allows it. [ 9 ] X, who discussed the matter with his lawyer, is in agreement with the recommendation.

As for the two youngest, their lawyer is of the opinion that the recommendation should be followed by the Court. [ 10 ] The parents took steps in order not to consume by residing in the bush. For the time being, because of the COVID-19 pandemic, there are almost no services available to help them in the community. Moreover, they do not really have a place to live on their own. [ 11 ] They are asking that X be allowed to spend time with them in the bush during summer time. [ 12 ] As the 3 children are in different foster homes, it would be of paramount importance that access rights between them be

established and that access rights with the parents be encouraged.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] DECLARES that the security and development of the children X, Y and Z are still endangered; [ 15 ] REVIEWS and EXTENDS the previous judgment; [ 16 ] ORDERS the placement of the 3 children in foster homes for a period of 6 months with reintegration within 3 months if the situation allows it; [ 17 ] ORDERS that contacts between the children and between the children and the parents be favoured and supervised by the Director of Youth Protection; [ 18 ] ORDERS the parents to be and remain sober when in presence of the children; [ 19 ] ORDERS the parents not to put the children in presence of people who are under the influence of alcohol or drugs; [ 20 ] ORDERS that the children not be exposed to any form of violence; [ 21 ] ORDERS the children attend school regularly; [ 22 ] ORDERS that the parents seek professional help for their personal issues and for alcohol addiction; [ 23 ] ORDERS that the parents and the children seek family counselling and therapy as necessary to deal with the children’s exposure to past traumatic events; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family for a period of 1 year; [ 25 ] 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; [ 26 ] ENTRUSTS the situation of X, Y and Z to the Director of Youth Protection of […] Health and Social Services [...] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A Attorney for the children Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. – […] Attorney for the mother Mtre. Michel Grenier Michel Grenier, Avocat – […] Attorney for the father Date of hearing: June 18, 2020