2021 QCCQ 11688, 2021 QCCQ 11688

Protection de la jeunesse — 216724 2021 QCCQ 11688 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000741-217 DATE: September 9, 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 [...], 2021 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91of 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 an application asking the Court to declare as endangered the security and development of X, six months old, because he is subject to serious risk of neglect and submitted to psychological ill-treatment. [ 2 ] At the hearing, the mother is present and is assisted by Mtre. Marie-Josée Ayoub. Mtre. Fanny Wylde represents the interest of the young child and Mtre.

Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The father is neither present nor represented by counsel. During the suspension for lunchtime, the Court asked the mother to convince the father to come to court, but she wasn’t able to reach him.

The parties still live together despite a restraining order. [ 4 ] The mother went to the police station in order to drop the charges she laid against him and also called the Crown Attorney for the same purpose. [ 5 ] X was placed in a foster family on July 26, 2021, under provisional measures and is still living there to the day of the hearing. [ 6 ] The mother agrees with the fact that the child is submitted to psychological ill-treatment but denies the serious risk of neglect. [ 7 ] She challenges the recommendation of the Director of Youth Protection for a nine-month placement, asking for the return of the child or, if not possible, for a short placement from 3 to 6 months. [ 8 ] The parents have two other children under youth protection measures.

These children are the subject of a judgment ordering their placement in foster families until they reach the age of majority. [ 9 ] The parents have ongoing issues with alcohol and drug consumption. [ 10 ] In August, the mother ended up in jail after a fight with her sister where she got a black eye. [ 11 ] The mother states that she used to be an alcoholic and that she is on the path of recovery. She says that she did her best to stop drinking but it takes time. [ 12 ] When asked very precise questions about the frequency of her or her spouse’s drinking, the last time they drank, it becomes very unclear.

[ 13 ] They are contemplating to participate in an online treatment and enter a family life conference. They would like to do couple’s therapy in Town A in October. [ 14 ] The mother is well aware that online treatments are available since March 2020, but it is only in the past few weeks or months that she has taken steps in order to enroll. To this day, she does not have her health insurance number nor or her status card which are necessary. [ 15 ] There was an event in May when the father was drinking. The parents had their son Y with them and the mother had to ask the foster family to come and get him.

The mother then left with X. [ 16 ] On May 30, there was an incident where the father was threatening with a knife and police had to intervene. At first, the mother said that she was not aware of this event, but later affirmed that the father was under the influence of intoxicating substances at that time. Either she remembers or she doesn’t, but both cannot exist at the same time. She finally admitted that she was herself intoxicated on that day and this is why she left the baby with her mother.

She went drinking and it lasted two days. [ 17 ] For a period of three weeks, she went to live at a women’s shelter, but she came back in the community for a funeral and decided to stay as her room was given to someone else at the shelter. [ 18 ] On July 23, 2021, she was assaulted by the father. When asked more precise questions, she says that she can’t recall and she just remembers signing papers referring to the declaration made to the police officer.

At that time, both parents were drinking. [ 19 ] When asked when the last time that she did drugs she said when they took X away so it was in July. [ 20 ] The Social Worker testified that the mother does not acknowledge her alcohol and drug issues. She also disclosed that a few days before the hearing, the mother was intoxicated. [ 21 ] X is a very young child and is highly vulnerable.

He has been under the care of his parents when they were intoxicated and for the Court this constitutes a serious risk of neglect on top of being psychological ill-treatment. [ 22 ] The Court refers to intoxication, violence between the parents or bursts of anger from the father. [ 23 ] The Court didn’t have the opportunity to see the father, to hear him and what he is willing to do in order to resolve his issues. The Court was told that he was packing up in order for the parents to leave for a workshop. But the father could have come, even for fifteen minutes, which he did not.

The Court thinks that he preferred not to come in order not to have to answer questions. [ 24 ] The recommendations made by the worker are in the best interest of X. The parents know what they have to do in order to regain custody of X. [ 25 ] Their other children are placed because they never changed their lifestyle on a permanent basis. Now, they have to take all possible help in order to solve their issues so the family can be reunited, which is the goal of the law.

FOR THESE MOTIVES, THE COURT: [ 26 ] GRANTS the application; [ 27 ] DECLARES that the security and development of X, born on [...], 2021, are endangered (Section 38 b) 2 and

c) of the Youth Protection Act ); [ 28 ] ORDERS the placement of the child in a foster family for a period of six months without any reintegration; [ 29 ] ORDERS that access rights be encouraged, that they be at least twice a week and as for the duration and the modalities, that they be supervised by the Director of Youth Protection and the presence of a third party if deemed necessary. The parents will have to confirm the

schedule of visits with the Social Worker on Mondays; [ 30 ] ORDERS that the parents complete a substance abuse treatment program and that they follow all the recommendations made by the professionals; [ 31 ] ORDERS the father to take steps to meet with a therapist in order to solve his problem with violence and anger management; [ 32 ] STRONGLY RECOMMENDS the parents to attend grief counselling; [ 33 ] ORDERS that the parents fully collaborate with the Director of Youth Protection, meet the Worker upon request and promptly inform the Worker of any changes in their personal situation; [ 34 ] ORDERS that aid, counselling and assistance be provided to X and his family for a period of six months; [ 35 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family as for the parent’s collaboration, their attendance and the general evolution of their situation; [ 36 ] 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;

[ 37 ] ENTRUSTS the situation of the child 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 child Mtre. Marie-Josée Ayoub Marie-Josée Ayoub Lawyer Lawyer for the mother Date of hearing: September 9, 2021