2020 QCCQ 14517, 2020 QCCQ 14517

Protection de la jeunesse — 2010140 2020 QCCQ 14517 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000647-208 DATE: December 7, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER A], Youth Protection Worker, duly authorized by the Director of Youth Protection A of Health and Social Services A Applicant and X, born on [...], 2016 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 , 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 ] In accordance with the requirements of

section 90 of the Youth Protection Act , [1] the Court hereby confirms and gives the reasons for the decision rendered from the bench on December 7, 2020. [ 2 ] The Director of Youth Protection submits an application asking the Court to declare as endangered the security and development of X, four years old, alleging lack of supervision, serious risk of neglect and psychological ill-treatment (

section 38 b) 1° iii, 38 b) 2° and 38

c) of the Youth Protection Act ). [2] [ 3 ] Both parents are present. The mother is represented by Mtre. Marie-Josée Ayoub and the father by Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child while Mtre.

Adelia Ferreira represents the Director of Youth Protection. [ 4 ] Neither the application nor the recommendations made by the Director to order the placement of the child in a foster home for a period of twelve months are challenged. [ 5 ] On November 24, 2019, the parties signed a provisional agreement providing the placement of the child for a period of 30 days, which was extended until February 2, 2020. [ 6 ] On January 30, 2020, an agreement on voluntary measures was signed by the parents.

It provided that the child be placed in a foster home for a period of nine months with reintegration to the care of the mother after six months, if the situation allowed it, and at the exclusion of the father. The parents accepted to complete a substance abuse treatment program. In addition, the mother agreed to seek counselling services to address her personal issues.

Aid, counselling and assistance was to be provided by the Director of Youth Protection for a period of one year. [ 7 ] With the admissions made by the parents, the content of the report filed and the testimony of the applicant, the Court has preponderant evidence of the following facts. [ 8 ] The situation of the child was reported to the Director of Youth Protection with regards to issues of neglect, mostly due to the parents’ drinking and domestic violence. [ 9 ] Since the placement of the child, the parents remain in an unstable relationship.

The day of the hearing, they have been back together for a period of one week. [ 10 ] Alcohol consumption is still an issue and the parents did not take steps in order to solve this problem. [ 11 ] In September 2020, the parents’ home was boarded up due to ongoing drinking and partying in the home. The parents were

given two weeks to correct the situation. Unfortunately they did not and, during the week of October 19, the parents were evicted. At the present time, the parents are homeless, going from home to home or staying in the bush. [ 12 ] X, despite his young age, is displaying disturbing behaviours. He is aggressive and utters threats to other children. Due to his behaviour, he had to be moved to a different foster home. [ 13 ] The collaboration of the parents is inconsistent. They were required to present themselves to the Director of Youth Protection’s office in order to draft a

schedule of visits, but never showed up.

For the time being, they are more collaborative, but locating them could be a challenge. [ 14 ] The mother would like to attend a land base program with her children, which would be in the family’s best interest. [ 15 ] Because the parents still face personal issues and alcohol-related problems, they cannot take care of the child on a daily basis. [ 16 ] The parents have to realize that the child is waiting for them and that they must solve their problems within the next year, otherwise longer measures could be contemplated. [ 17 ] The Director of Youth Protection is asking for a one-year placement with reintegration to the parents within eight months.

There are no special motives for such request of reintegration in eight months. The law provides that reintegration can take place within the two last months of the placement. [ 18 ] The other recommendations made by the Director of Youth Protection are in the best interest of the child. FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of X, born on [...], 2016, are endangered (

section 38 b) 1 ° iii, b) 2 ° and

c) of the Youth Protection Act ); [3] [ 21 ] ORDERS the placement of the child in a foster family for a period of twelve months with reintegration to the parents within the last two months, if the situation allows it; [ 22 ] RECOMMENDS that if the situation changes significantly before the end of the one-year placement, that the Director return to Court to shorten the placement; [ 23 ] ORDERS that the contacts between the parents and the child be supervised by the Director of Youth Protection as for the modalities, terms and degree of supervision; [ 24 ] ORDERS the parents to be and remain sober when in presence of the child and not to put the child in presence of people under the influence of intoxicating substances; [ 25 ] ORDERS the parents to ensure that the child is not exposed to any form of violence; [ 26 ] RECOMMENDS that both parents complete a substance abuse treatment program and follow the recommendations made by the professionals; [ 27 ] ORDERS that the mother seek counselling services to address her personal issues; [ 28 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection and inform the Social Worker of any changes in their situation; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other service providers working with the family as for the attendance, collaboration and evolution of the situation of their clients; [ 30 ] ORDERS that aid, counselling and assistance be provided to the child and the family for a period of one year; [ 31 ] ORDERS any peace office to collaborate to the execution of the Court orders, if requested to do so by the Director of Youth Protection or one of its representatives; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the child

Mtre. Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: December 7, 2020