2021 QCCQ 12969, 2021 QCCQ 12969

Protection de la jeunesse — 217193 2021 QCCQ 12969 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000739-211 DATE: October 13, 2021 ______________________________________________________________________ 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 [...], 2018 Child And A Mother And B Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 declare as endangered the security and development of X, 3 years old, alleging lack of supervision and psychological ill-treatment (Section 38 b) 1° iii) and

c) of the Youth Protection Act . [ 2 ] Both parents are present and Mtre. Marie-Michelle Grenier acts on their behalf. Mtre. Yan Massé represents the interests of the young child and Mtre. Magdalena Lempicka acts for the applicant. [ 3 ] Most of the allegations of the application are admitted by the parents and they do agree with the recommendations made by the Director of Youth Protection.

The evaluation report and the orientation report are filed as evidence and the applicant testified. [ 4 ] The evidence reveals that on July 6, the situation of X was reported to the Director of Youth Protection with regards to the parents’ domestic violence while being intoxicated, and this, in presence of X and her little sister who was 5 months old. On that morning, when the youth protection workers arrived on the premises, the mother was intoxicated, but the father was sober. The Youth Protection workers took the mother to her father’s home to sober up and left X’s little sister with the father.

It appears that at that time, X was under the care of the maternal grandfather. [ 5 ] On the very same day, during the afternoon, the situation was reported again to the Director of Youth Protection, informing them that the father was intoxicated in presence of the 5 month old baby. The Youth Protection Workers went again to check and found both parents intoxicated and the father’s lower lip was swollen. He was very aggressive.

The mother asked that her 5-month old baby be brought to the maternal grandfather. [ 6 ] Both parents agreed that the children stay with the maternal grandfather as he was willing to take care of therm. Red flags were done and there were no concerns. [ 7 ] On July 8, the Youth Protection Worker informed the mother that she could stay at her father’s home until being met by Youth Protection. [ 8 ] On Monday July 12, the meeting took place with both parents. [ 9 ] On the same evening, without advising the Director of Youth Protection, the parents took both children and brought them to their house.

[ 10 ] On July 13, the Youth Protection was informed that X’s sibling had died while being under the care of the parents who were intoxicated. When the father noticed that the baby was not doing well, he did not call the emergency response team. He brought her to the clinic where her death was confirmed. To this day, the causes and time of the baby’s death are still unknown. [ 11 ] On July 15, immediate protective measures were taken and X was placed in a foster home.

At this occasion, the father displayed aggressive behaviours towards the Youth Protection Workers so the police was there to calm the situation. [ 12 ] At the time of the hearing, both parents agree that they cannot resume care of X without danger for her. They are taking steps in order to attend a treatment centre in [Town A] for a period of 6 weeks beginning in November. [ 13 ] The father already had an appointment with a psychologist and intends to continue to receive this service.

The mother states that she would be interested to meet with a psychologist as well. [ 14 ] The parents are well aware that they have to work on their personal issues: substance abuse, anger management and grief. [ 15 ] The death of the little baby is a traumatic event and the parents will need help to be able to deal with that. [ 16 ] The applicant testified about all the services available in the community and is willing to help the parents to get all the help needed by their situation. [ 17 ] The recommendations of the Director of Youth Protection are suitable to ensure the safety of the child and are in her best interest.

FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of X , born on [...], 2018, are endangered (Section 38 b) 1° iii) and

c) of the Youth Protection Act ); [ 20 ] ORDERS the placement of the child in a foster family for a period of 6 months with possible reintegration within 4 months if the situation allows it; [ 21 ] ORDERS that both parents receive professional therapy to address their personal issues; [ 22 ] ORDERS that the parents engage in and complete a substance abuse treatment program and follow the recommendations made by the professionals; [ 23 ] ORDERS that access rights be encouraged and supervised by the Director of Youth Protection as for frequency, modalities and the presence of a third party if deemed necessary; [ 24 ] ORDERS the parents to be and remain sober at all times when in presence of the child and not to put her in the presence of people who are under the influence of intoxicating substances; [ 25 ] RECOMMENDS that the father continue his psychological follow-up; [ 26 ] RECOMMENDS that the mother take steps in order to have a psychological follow-up as she agreed to do so; [ 27 ] ORDERS that the parents report to the Worker once a week in person or by phone to inform her of their current situation; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 29 ] ORDERS that aid, counselling and assistance be provided to the family for a period of one year; [ 30 ] 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; [ 31 ] 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. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé

Legal Aid Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the parents Date of hearing: October 13, 2021