2020 QCCQ 10856, 2020 QCCQ 10856

Protection de la jeunesse — 207278 2020 QCCQ 10856 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000378-184 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 [...], 2017 CHILD 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 an application asking the Court to extend a previous judgment rendered on May 21, 2019, by Denyse Leduc, J.C.Q., who ordered the placement of the child in a foster family for a period of one year.

This judgment extended a previous court order rendered on May 17, 2018, ordering the placement of the child for a period of 6 months. [ 2 ] To this day, the child has lived in foster family most of his life. [ 3 ] For the hearing, the mother is present and acts on her own behalf. The father is not present, but he mandated Mtre. Marie-Josée Ayoub to act on his behalf. Mtre. Adelia Ferreira assists the applicant while Mtre.

Yan Massé represents the young child. [ 4 ] The father made a general admission that the security and development of the child are still endangered and he agrees with the recommendations made by the Director, that is to say a six-month placement in a foster family. [ 5 ] The testimony of the mother and the reports filed reveal that the mother goes back and forth between [community A], her community, and [community B], the father’s community. They are engaged in an unstable relationship, the mother stating that she is still waiting for him to stop drinking.

They are still a couple and it seems to the Court that she is likely to believe him if he asks her to come back and that he will stop drinking, which is worrisome. [ 6 ] The mother was offered many possibilities: NNADAP Worker, Community Worker, Anger Management Workshops, and Mental Health Professional. [ 7 ] The mother attended a program 2 years ago about alcohol consumption, but unfortunately, she relapsed. [ 8 ] The mother could be threatening at times towards the Social Worker and it is why she was referred to the Community Worker. [ 9 ] Last May, the police had to intervene.

The mother was in [community A] with the child. However, the visit granted was because the mother was supposed to be in the bush with the child and they were not. [ 10 ] Basically, the parents’ situation remains the same. There are still alcohol consumption issues and neglect when they are under the influence of alcohol. To entrust the child to the mother would put him in a situation where there is no stability. [ 11 ] The next 6 months are going to be crucial. The child has already been placed for 1 ½ years.

If the parents do not engage themselves in services to solve their problems very rapidly, a life plan will have to be drafted for this child. FOR THESE MOTIVES, THE COURT:

[ 12 ] GRANTS the application; [ 13 ] MAINTAINS that security the security and development of X, born on [...], 2017, are still endangered; [ 14 ] EXTENDS the previous court order; [ 15 ] ORDERS the placement of the child in a foster home for a period of 6 months; [ 16 ] ORDERS aid, counselling and assistance be provided to the child and his family for a period of 6 months; [ 17 ] ORDERS the parents to collaborate with the Director of Youth Protection and to report themselves as often as required by the Social Worker; [ 18 ] ORDERS the mother to continue to seek help for her personal issues; [ 19 ] ORDERS the father to take steps to address his substance abuse issues; [ 20 ] ORDERS that the contacts between the child, his parents and extended family be supervised by the Director of Youth Protection as for the frequency, modalities and degree of supervision; [ 21 ] ORDERS that the parents be and remain sober when in presence of the child and not to put him in the presence of people who are under the influence of intoxicating substances; [ 22 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 23 ] ORDERS any peace officer to collaborate with the execution of the court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection of A who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre Yan Massé Centre communautaire juridique A – Town A Attorney for the child Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. – Town B Attorney for the father Ms. A Mother Not represented by counsel Date of hearing: June 18, 2020