2020 QCCQ 9586, 2020 QCCQ 9586

Protection de la jeunesse — 201865 2020 QCCQ 9586 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000284-184; 614-41-000285-181 DATE: February 12, 2020 ______________________________________________________________________ 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 [...], 2009 Y, born on [...], 2011 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 and extend a previous Court decision rendered on February 14, 2019, that ordered the placement of the children in the foster family of their maternal grandmother for a period of one year. [ 2 ] At the hearing, the mother is present and represented by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of both children.

Only X is present in court. [ 3 ] Both the mother and X admit all of the allegations of the petition and they state that they are in agreement with the recommendations made by the Director of Youth Protection. [ 4 ] The revision reports were filed as testimony of the applicant. [ 5 ] The evidence reveals that both children have been living in the foster home of their maternal grandmother where the mother has also lived since September 2019, when she came back to the community after an absence of 6 months. [ 6 ] Generally, the mother was the one who was taking care of the children on a daily basis.

She was supervised by the grandmother and everything went well. [ 7 ] The mother has been sober since last September even though she never attended as ordered, a treatment centre. She gave birth to a baby boy last [...]. [ 8 ] At the hearing, the mother states that she would have attended a treatment centre, but she was not allowed given the fact that she was pregnant. She adds that she is still interested to be admitted in a treatment centre, but wishes to wait a few months in order for her newborn baby to be a little bit older. [ 9 ] She has a new partner and this one gets along well with the children.

It seems that this person does not consume alcohol. [ 10 ] The mother would like to regain custody of her children. The applicant is of the opinion that both children can be entrusted to their mother. [ 11 ] As for the father, he does not maintain regular contact with the children. The last time he spoke to the oldest was last fall. He would have liked to come to court, but as he resides in Town A and does not work, he couldn’t attend court due his precarious financial

situation. [ 12 ] Work has to be done with the father in order for him to be regular in his contact with the children. He cannot appear and disappear from his children’s lives as it pleases him. This would be detrimental to the well-being of both children. [ 13 ] The mother is also in agreement that the prohibition of contact between the children and the maternal grandfather be extended for a one-year period.

She understands its necessity for the protection her children. [ 14 ] FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the applications; [ 16 ] DECLARES that the security and development of X and Y are still endangered; [ 17 ] ENTRUSTS both children to the care of their mother, A; [ 18 ] ORDERS aid, counselling and assistance be provided to the children and the parents for a period of one year; [ 19 ] ORDERS the parents not to be under the influence of intoxicating substance when in presence of the children and not to put them in the presence of people under the influence of intoxicating substances; [ 20 ] ORDERS that the mother seek help, with the professional of her choice, to maintain her sobriety; [ 21 ] ORDERS the mother to continue to meet with the [...] Worker as required by the professional; [ 22 ] ORDERS access rights between the children and the father be supervised by the Director of Youth Protection as for the modalities and the frequency as long as the father is able to ensure a regularity in these contacts and if it is in the best interest of the children; [ 23 ] FORBIDS any direct or indirect contact between the children, X and Y, and the grandfather, C; [ 24 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town B on April 3, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Adeila 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 Date of hearing: February 12, 2020