2022 QCCQ 5428, 2022 QCCQ 5428

Protection de la jeunesse — 223330 2022 QCCQ 5428 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000701-211 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A of Health and Social Services A, working in [...]; Applicant and X, born on [...], 2010; Child and A, Mother ______________________________________________________________________ JUDGMENT (sections 95 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 of Health and Social Services A (the Director) asks the Court to review and extend the measures ordered on June 17, 2021, in the situation of X, 11 ½ years old, Y, 6 ½ years old and Z, 5 ½ years old. [ 2 ] He asks that the three children remain placed with the maternal grandmother for a period of six months with specific services. [ 3 ] At the hearing the mother is present, assisted by Me Marie-Josée Ayoub. Me Yan Massé represents the children.

Only X the oldest is present. Me Adelia Ferreira represents the Director. [ 4 ] A revision report is filed. The mother admits all the allegations and she agrees with all the measures recommended. X admits few allegations and agrees with the measures. [ 5 ] Since June 17, 2021, the children remained under the care of the foster home, the one of the maternal grandmother, and they are doing well. [ 6 ] The mother lived at the elderly paternal grandmother’s home. She had regular contacts with the children, including sleepovers. [ 7 ] The mother did not attend treatment as she was ordered.

She didn’t get any counselling and she continued to drink to the point of intoxication in a regular basis. Consequently no reintegration of the children was done and she is still not in position to resume care of the children. [ 8 ] The children X and Y were registered in school and attended, except when it was closed due to the pandemic. [ 9 ] The mother will beneficiate of another delay to prove the Director she is motivated to finish her treatment program for her addictions and aftercare follow-up. She will have to stabilize her life, and assume gradually her parental responsibilities.

She is aware that the maternal grandmother will allow her to move back in her home only when she will have complete a treatment and will remain sober. [ 10 ] CONSIDERING THE EVIDENCE, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of X, Y and Z are still in danger; [ 13 ] ORDERS the placement of the children with the maternal grandmother for six months and if she is assessed foster family, ORDERS their placement in this foster family. [ 14 ] ORDERS the mother to register Diana at school, and ORDERS the other children to attend school on a regular basis. [ 15 ] ORDERS the Director to supervise all the contacts between the children and the mother as for the frequency, duration and other modalities.

[ 16 ] ORDERS the mother to attend treatment for her substance abuse and an aftercare follow-up. [ 17 ] ORDERS the mother to seek services for her personal issues. [ 18 ] ORDERS the mother to continue to remain sober in presence of her children. [ 19 ] ORDERS the Director to provide aid, counsel and assistance to the children and the mother for one year; [ 20 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out. Signed on July 12, 2022 __________________________________ DENYSE LEDUC, J.C.Q.

Adelia Ferreira Adelia Ferreira avocate Counsel for the applicant Yan Massé Centre communautaire juridique A Counsel for the children Marie-Josée Ayoub ayoub avocats inc Counsel for the mother Date of hearing: June 16, 2022