2020 QCCQ 10185, 2020 QCCQ 10185

Protection de la jeunesse — 207303 2020 QCCQ 10185 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 614-41-000520-199; 614-41-000521-197; 614-41-000522-195; 614-41-000523-193 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 A, working in [...].

APPLICANT and X, born on [...], 2009 Y, born on [...], 2010 Z, born on [...], 2012 A , born on [...], 2014 and B MOTHER and C FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act CQRL 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 to review a recent judgment rendered by the Honourable Lucille Beauchemin on March 24, 2020, that entrusted the children to the care of their mother at the exclusion of Mr. D. [ 2 ] The review of this decision is necessary because the mother disobeyed the court order and Mr. D was in presence of the children. [ 3 ] At the hearing, the mother is present and represented by Mtre. Michel Grenier. Mtre.

Marie-Josée Ayoub acts on behalf of the father, Mtre. Yan Massé for the children and Mtre. Adelia Ferreira for the applicant. [ 4 ] The applications are not challenged by the parents. The mother states that she wants to stay with Mr. D. The Court understands that she chooses her partner over her children. [ 5 ] The father also agrees with the recommendations, stating that he wishes to go to a treatment centre in Town A or in Town B. [ 6 ] They were still drinking in the home and Mr. D was present despite the clear court order rendered in March. From the previous judgment, we know that Mr.

D assaulted the mother in the past. From the children, we now understand that Mr. D might have been violent towards them. This has to be seriously investigated, as soon as possible. [ 7 ] The children also confirm that Mr. D was at their place drinking. [ 8 ] There were arguments between him and the mother. [ 9 ] On May 19, 2020, the Youth Protection Worker found Mr.

D in the basement of the house, in contravention with the previous judgment rendered. [ 10 ] There is no other choice than to contemplate a placement for the children as the mother does not seem to take the situations seriously, seems to be dependant of Mr. D and wants to pursue her relationship with him. FOR THESE MOTIVES, THE COURT:

[ 11 ] GRANTS the applications; [ 12 ] DECLARES that the security or development of X, Y and Z and A are still endangered; [ 13 ] ORDERS the placement of the children in a foster family and TAKES NOTICE that the foster family will be the one of the grandmother, for a period 1 year; [ 14 ] ORDERS access rights between the children and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 15 ] ORDERS the mother not to put the children in contact with Mr. D; [ 16 ] PROHIBITS any contact between the children and Mr.

D and ORDERS that a notice of prohibition be served to Mr. D; [ 17 ] ORDERS the Director of Youth Protection to investigate about the children being subject to physical abuse by Mr.

D and to take all necessary needed by the children’s situation; [ 18 ] RECOMMENDS that the mother engage in psychological follow-up regarding drug and alcohol issues and conjugal violence; [ 19 ] ORDERS that the parents be and remain sober when in presence of the children; [ 20 ] ORDERS the parents not to put the children in the presence of people who are under the influence of intoxicating substances; [ 21 ] RECOMMENDS that the father seek services to address his alcohol consumption issue; [ 22 ] AUTHORIZES any service providers to share information with the Director of Youth Protection regarding their respective clients; [ 23 ] ORDERS that aid, counselling and assistance be provided to the family for a period of 1 year; [ 24 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of Youth Protection; [ 25 ] ENTRUSTS the situation of X, Y, and Z and A to the Director of Youth Protection A who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q Mtre.

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