2022 QCCQ 11305, 2022 QCCQ 11305

Protection de la jeunesse — 223222 2022 QCCQ 11305 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000835-225 DATE: June 14, 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 […], 2014; Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 38 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) submitted the Court two applications to declare the security and development of Y and X in danger because their parents fail to provide them with the appropriate supervision and support and because of the risk of becoming victims of bodily injury or subject to unreasonable methods of upbringing. (Section 38 b) (1) (iii) e)

(2) YPA) [ 2 ] The mother is present to the hearing, assisted by Me Marie-Josée Ayoub. The children are represented by Me Yan Massé, and Me Magdalena Lempicka represents the director. The father is not served. The father’s address is unknown and following the evidence, as he is not involved the children’s life. [ 3 ] The Court accepts to proceed in his absence and agrees with a common hearing in those files. [ 4 ] The mother admitted the following facts.

On March 5, 2022, a report was received related to the children with regards of serious allegations of physical abuse and drinking and drug use. [ 5 ] At the time of the report, the children were under the care of their adult sister C, since the day before. The mother had asked her oldest daughter to babysit them, in order for her drink and use drug. [ 6 ] The children were also entrusted to C on immediate protective measures, after the emergency worker went to the home of the mother and found her highly intoxicated with a party going on in the home.

The home was messy and not suitable for children. [ 7 ] The mother has issue with alcohol and has a history of cocaine use and abusive relationship. Her boyfriend has issues with alcohol and drug use. [ 8 ] As the mother did not contact the youth protection worker on March 7, the worker went to her home, and found that the mother still intoxicate and there was again a party going on. [ 9 ] On March 8, the mother was met and she acknowledged that there was a lot of alcohol and speed at her home during the last weekend.

As she was hangover, an appointment was given for March 10, 2022 but she did not attend the appointment or meeting. [ 10 ] She and her boyfriend had a verbal and physical altercation. Their relationship is conflictual. The oldest child is aware of the consumption of his mother and of the violent relationship with her boyfriend.

He confirmed that when his mother is intoxicated, usually his maternal grandmother pick him up with his siblings and brings them to her home. [ 11 ] The children’s father lives with his girlfriend in Town A and is not regularly involved with the children’s life. [ 12 ] Since the intervention of the Director and provisional placement of the children, the mother seek for services. She meets a counsellor to help her with agressivity and attended a bush program. She has been sober for more than 50 days. She cleaned her house

and fixed up a room for X and Y. She visited them regularly. She is ready to assume her children alone without the presence of her boyfriend D, even if he has attended services too. [ 13 ] The mother agrees with the conditions suggested by the Director to maintain the children with her. [ 14 ] Me Massé considers that it is in the children’s best interest to remain with their mother as long as she respects those conditions. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of Y and X are in danger (Section 38 b) (1) (iii) e)

(2) YPA); [ 17 ] ENTRUSTS the children to the mother at the exclusion of her boyfriend D; [ 18 ] ORDERS the mother to remain sober and drug free in presence of the children; [ 19 ] ORDERS the mother to submit herself to random drug testing; [ 20 ] ORDERS the mother to continue to seek help with anger management; [ 21 ] ORDERS the Director and the mother to provide medical evaluation and services required by X; [ 22 ] ORDERS the mother to attend treatment program and aftercare follow-up; [ 23 ] ORDERS the mother to advise the Director before entrusting the children to a third party; [ 24 ] ORDERS the Director to provide aid, counsel and assistance to the parties for one year; [ 25 ] ORDERS the Director to supervise the contacts between the father and the children and ORDERS the father to meet with the Director previous the visits; [ 26 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on July 11, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Magdalena Lempicka Me Magdalena Lempicka Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the children Marie-Josée Ayoub Ayoub Avocats inc Counsel for the mother B Father, not represented Date of hearing: June 14, 2022