2019 QCCQ 11527, 2019 QCCQ 11527

Protection de la jeunesse — 192325 2019 QCCQ 11527 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000268-179, 614-41-000270-175, 614-41-000269-177, 614-41-000271-173, 614-41-000272-171, 614-41-000273-179 DATE: January 9, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ DONNA STEPHEN, Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2005 614-41-000268-179 Y, born on [...], 2007 614-41-000270-175 Z, born on [...], 2008 614-41-000269-177 A, born on [...], 2011 614-41-000271-173 B, born on [...], 2012 614-41-000272-171 C, born on [...], 2016 614-41-000273-179 CHILDREN and D MOTHER and E FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , C.Q.L.R., 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 motions to review and extend previous judgments regarding the six children. [ 2 ] All the children are represented by Mtre Marie-Josée Ayoub.

For the first day of the hearing, the three eldest children were present. On the second day, only X and Z were present. [ 3 ] [ 4 ] The parents are represented by Mtre Michel Grenier. For the first day of the hearing, both parents were present. On the second day, the father was not present. The mother informed the Court that he had a headache. [ 5 ] Mtre Magdalena Lempicka represents the applicant. [ 6 ] All the allegations of the petition are admitted by the parents.

These are : • Since the last judgment, the parents’ situation has not improved; • The parents did not take active steps to address their various issues; • The parents’ involvement with the youth worker has been minimal; • Although the parents met the NNADAP workers, they did not follow through in addressing their substance abuse issues;

• The parents continue consuming alcohol periodically; • The parents lost their home; • The children are placed with various family members who are recognized foster homes (except for one); • The children are doing well; • The mother and the father are not in a position to care for the child; [ 7 ] For X, Y, A and B, the Director of Youth Protection recommends their placement in a foster family or to be entrusted to extended family for a period of twelve months.

All the parties agree with these recommendations. [ 8 ] The time limit placement being reached in the file of the youngest, C, all the parties agree that the Court orders a placement until the age of majority. [ 9 ] The Director of Youth Protection recommends that Z, who is currently living with C, be placed until the age of majority in her actual foster family who is her paternal aunt, Mrs. F. The parents are ambivalent regarding their position with this recommendation.

On the first day, they stated that they left it to the discretion of the Court, but on the second day, the mother agreed with the position of her daughter for a placement of one year. [ 10 ] The evidence and the documents contained in the file (agreement on voluntary measures and judgments) reveal that the parents have a long history with the Youth Protection (2013). [ 11 ] In August 2016, a first agreement on voluntary measures was signed by the parents and the children were left in their care.

They were supposed to take steps in order to resolve their personal issues related to drug and alcohol consumption and conjugal violence. [ 12 ] In May 2017, a second agreement on voluntary measures was signed by the parties. The children were placed for a period of six months and again, the parents stated that they were willing to seek help for the same issues. [ 13 ] In January 2018, the situation of the children was brought to court. Both parents were absent despite postponements in order to allow them to be in court.

The judge wrote : [9] On August 28, 2016, the parents signed an agreement on voluntary measures for a duration of nine months, whereby the child and her sibling were maintained with their parents, who were to ensure that the child receive all the medical treatment that she required.

The parents assured that they would work on their drinking and drug use problems, and that they would seek counselling for their marital problems, develop their parental skills and always be sober in presence of the child . [10] The child was the subject of a second agreement on voluntary measures signed on May 5, 2017, for a duration of six months whereby she was placed in a foster home due to the parents’ substance abuse, conjugal violence and failure to ensuring proper hygiene and supervision. [11] Since signing the agreements on voluntary measures, the parents’ situation has not improved.

They have not taken active steps to address their various issues. […] [17] … they need help through an intensive six-month treatment care. [ 14 ] A few months later, the Court was seized with the situation of the oldest, X. Judge Denyse Leduc wrote : [8] The situation of the parents is the same. They did not take any steps to fix their issues, they consume alcohol and drugs and have marital violence problems. They visited their child only once since the last hearing.

They did not meet the Social Worker. [9] They are still unable to assume their child. [ 15 ] Today, the evidence reveals that the situation of the parents remains the same. They lost their house last summer due to drinking parties that were held at that place. At one point, police officers had to intervene because of a fight between two people who were under the influence of alcohol and drugs. Following that event, the parents had to leave their house. They are currently staying in one room in the basement of the grandmother’s house. [ 16 ] The father met once with A Center to receive counselling.

The last time that he met with a counsellor was in July 2018. They tried to help and support him to attend a treatment centre, but he did not follow though. [ 17 ] As for the mother, she met with a psychologist once and never requested another appointment. [ 18 ] The mother admitted that her husband and her still drink two or three times a month, but for a shorter duration. Before, they could drink for three-day periods. [ 19 ] The parents are currently going to school in order to get their secondary V diploma and hope for better job opportunities.

They are also contemplating the possibility to move to Town A, thinking that they might drink less over there. [ 20 ] During the Christmas holiday, visitation rights of the children with their parents were authorized by the Director of Youth Protection. On New Year’s Eve, the parents entrusted the children to the grandmother and went out drinking. They came back the next day. This event reveals a lot about the incapacity of the parents to prioritize the needs of their children to their own. They could have

spent time with their children, but preferred to go out with friends, drinking. [ 21 ] Even if the time limit is not reached in the file of Z, the Court feels that it is in her best interest to be entrusted to her paternal aunt, who is a foster family, until the age of majority. It would provide the child with stability given the fact that the parents have received help for more than two years now without any durable or significant improvement.

FOR THESE MOTIVES THE COURT: [ 22 ] GRANTS the motions; [ 23 ] DECLARE that the security and development of X, Y, Z, A, B and C are still endangered; [ 24 ] ORDERS the placement of X, B and Y in a foster family for a period of one year; [ 25 ] ENTRUSTS A to her paternal aunt, F, for a period of twelve months; [ 26 ] ENTRUSTS Z and C in a foster family until they reach the age of majority and TAKES NOTICE that the foster family who is going to carry out this life plan will be the one of F; [ 27 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year in the files of X, Y, A and B; [ 28 ] ORDERS that aid, counselling and assistance be provided to the family until the age of majority in the situation of Z and C; [ 29 ] ORDERS that access rights between the children and their parents be supervised by the Director of Youth Protection; [ 30 ] ORDERS the parents to be and remain sober at all times when in the presence of the children; [ 31 ] ORDERS the parents not to put the children in the presence of people under the influence of alcohol, drugs or any other intoxicating substances; [ 32 ] ORDERS the parents to seek professional help to resolve their alcohol consumption problems; [ 33 ] ORDERS the parents to receive counselling regarding conjugal violence; [ 34 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 35 ] ORDERS that the children receive all health care and services they require; [ 36 ] ORDERS any police officers to collaborate with the execution of the measures ordered if required to do so by the Director of Youth Protection or one of its representatives; [ 37 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the measures ordered.

Signed in Town A on January 28, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre Marie-Josée Ayoub Ayoub avocats Inc. Lawyer for the children Mtre Michel Grenier Lawyer for the parents Date of hearing: January 8, 2019