2022 QCCQ 13032, 2022 QCCQ 13032

Protection de la jeunesse — 224358 2022 QCCQ 13032 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000580-201 DATE: August 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, 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 [...], 2016; Child and B, Mother and C, Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the judgment rendered on September 7, 2021, by Honourable Lucille Chabot in the situation of Y, 10 years old, X, 6 years old, Z, 4 ½ years old and A, 3 years old, children of B and C. [ 2 ] The Director asks the extension of the placement of the children with the maternal grandparents for six months. [ 3 ] At the hearing, the children are represented by Me Fanny Wylde, the father by Me Marie-Josée Ayoub and the mother by Me Justine Bergeron.

Me Adelia Ferreira acts on behalf of the Director. [ 4 ] A revision report is filed. [ 5 ] Following the admissions done by the parties, the evidence reveals that the security and development of these children are still in danger and because of the parents’ situation and the Director has to recommend an extension of the placement at least for six months. [ 6 ] The children are placed in the foster home of the maternal grandmother. Even if they missed their parents, the children enjoy living with their grandparents.

The two oldest children have had a successful year school and are moving to the next grade. [ 7 ] The two youngest attend daycare and are doing well. [ 8 ] The mother’s situation started to improve recently. She lives in City A since January 2021. She is in a relationship with her boyfriend, known to the youth protection for addiction issues. Their relationship is unstable. They often have arguments, even when the children are present. [ 9 ] The mother attended a four weeks online treatment program for alcohol abuse and completed it successfully. The mother is pregnant and is due next April 2023.

She is medicated for depression. [ 10 ] Her relation with the grandparents improved. They are now comfortable leaving the children alone with her. They still support her. [ 11 ] The father lives in City B with his girlfriend and this relation is unstable. He is presently detained for violence behavior toward his girlfriend. [ 12 ] The father attended workshops but did not complete a treatment program for his alcohol and drug abuse. [ 13 ] He visited his children but wishes to spend more time with them. The children enjoyed their visit with him especially during Goose Break, at campsite.

[ 14 ] Both parents made some improvements to address their issues with alcohol but their situation is fragile. They are involved in unstable relationships. [ 15 ] The mother is aware that her two oldest children are not comfortable with her boyfriend.

The often feel anxiety and fear. [ 16 ] The parents’ already had nine months to seek for services and work on their relationship and the evidence reveals that there is still important improvement to achieve before thinking of children’s reintegration. [ 17 ] As the children are doing well in the secure and stable foster family, as they attend school regularly and are well taking care of, the Court considers that the duration of placement recommended is not sufficient to allow the parents to seek services for their mental health issues and personal issues.

They also need to stabilise their relationship and be in position to provide a secure and stable environment to the children. [ 18 ] As the two oldest are doing well in school under the supervision of the grandparents, the Court believes that they need to concentrate on their school and not have to adjust to a new school and new environment during the school year. [ 19 ] Considering the evidence, [ 20 ] Considering the children’s interest, FOR THOSE MOTIVES, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of Y, X, Z and A are still in danger; [ 23 ] ORDERS the placement of the children in the foster family of the maternal grandparents D and E until the end of school in June 2023; [ 24 ] ORDERS the Director to favor and supervise the visits between the children and the parents as for the frequency, duration and modalities and the presence of a third party; [ 25 ] ORDERS the parents to be sober on presence of the children, not expose them to people under the influence of intoxicating substances, and not expose them to any form of violence; [ 26 ] ORDERS the parents to seek services for their personal issues. (Toxicomania, mental health issues, anger management, medical issues.); [ 27 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of one year; [ 28 ] ORDERS the parents to collaborate actively with the Director; [ 29 ] AUTHORIZES the Director to share and obtain information with all service providers working with the family; [ 30 ] ORDERS any police officer to collaborate with the Director for the execution of the present judgment; [ 31 ] ENTRUSTS the children’s situation to the Director who shall see that the measures are carried out.

Signed on August 18, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Me Adelia Ferreira Adelia Ferreira, avocate For the applicant Me Fanny Wylde Centre communautaire juridique A For the child Me Justine Bergeron Yves Ménard Avocats inc. For the mother Me Marie-Josée Ayoub Ayoub Avocats inc For the father

Date of hearing: August 16, 2022