2021 QCCQ 11676, 2021 QCCQ 11676

Protection de la jeunesse — 216698 2021 QCCQ 11676 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000463-192 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 [...], 2012 Child And A Mother And B 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 an application to the Court to review and extend a judgment rendered by the undersigned on February 8, 2021. [ 2 ] The mother and the father are absent, but are represented respectively by Mtre.

Marie-Josée Ayoub and Mtre. Marie-Michelle Grenier. Mtre Fanny Wylde represents the interest of the child and Mtre. Magdalena Lempicka acts on behalf of the applicant. [ 3 ] At the hearing held in February 2021, the Director of Youth Protection wanted to entrust X to his grandmother until he reaches the age of majority. Unfortunately, during the grandmother’s testimony, it became clear that she didn’t want to commit herself regarding X, asking the Director of Youth Protection to find him another foster family.

However, she agreed to take care of X until a new foster family was found. [ 4 ] To this day, X is still living with his grandmother.

A foster family has been found, but the transfer has to be done very gradually. [ 5 ] Both parents admit the allegations of the application which are: • The child remained in the same foster home of the maternal grandmother; • The maternal grandmother wishes to let go of the child; • The mother still struggles with alcohol consumption issues; • The mother did not complete a treatment program; • The mother has no stable place to live; • The father was incarcerated until May 2021; • After his release on parole, the father was living in a halfway house for a period of time and now has his own place where he lives with a girlfriend and their baby; • The father has contact with X through Messenger;

• At the present time, the parents are not in a position to resume the care of the child. [ 6 ] The mother is transient and the Director of Youth Protection is not always aware of her whereabouts. She has not taken steps in order to solve her problems. She has not had contact with the child since December 2020. [ 7 ] As for the father, he was released on parole after being sentenced to 30 months of imprisonment for aggravated assault. [ 8 ] Through his lawyer, he informs the Court that he would like to have X with him in Town A. The Social Worker has never heard of this position of the father.

This is why a new foster home has been found for the child. [ 9 ] Nonetheless, the Social Worker agrees that the father be assessed. The Director of Youth Protection has to be very cautious here as the child has always lived in Town B. What would be the impact on him if he would be transferred to Town A with his father whom he has not seen for many years and his spouse whom he does not know? [ 10 ] The father also asks that the child come to visit him in Town A.

The Court thinks that the first thing that the father has to do is to come to Town B in order to see his child, not the opposite. [ 11 ] It is said that the child is doing well in school. He completed the A program. The grandmother and the Rehabilitation Worker working in school were in constant communication in order to develop plans and weekly goals to work on. [ 12 ] In the next six months, a life plan should be secured for this child to have a permanent place where to live and where all his needs will be met.

FOR THESE MOTIVES THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X, born on [...], 2012, are still endangered; [ 15 ] ORDERS that the child be placed in a foster family for a period of six months; [ 16 ] ORDERS that access rights between the child and his parents be supervised by the Director of Youth Protection as for the frequency and the modalities and that they be established in the best interest of the child; [ 17 ] ORDERS that the father’s environment be assessed; [ 18 ] ORDERS that the parents be and remain sober at all times when in presence of the child and not to put him in the presence of people who are under the influence of intoxicating substances; [ 19 ] ORDERS the parents to take active steps to resolve their personal issues; [ 20 ] ORDERS that aid, counselling and assistance be provided to the child and his family for a period of six months; [ 21 ] AUTHORIZES the Director of Youth Protection to obtain and share information from any services providers working with the family as to collaboration, progress and attendance; [ 22 ] ORDERS that a life plan be crafted for this child; [ 23 ] ORDERS the parents to collaborate with the Director of Youth Protection, meet with the Worker upon request and inform the Worker of any change in their situation including their addresses; [ 24 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection of one of its duly mandated representatives; [ 25 ] 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 Lawyers Lawyer for the mother

Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the father Date of hearing: September 9, 2021