2023 QCCQ 8513, 2023 QCCQ 8513

Protection de la jeunesse — 232718 2023 QCCQ 8513 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000788-218 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2011 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A B Parents . JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on May 25 th , 2022, entrusting the child to a foster home for a period of six months along with supporting measures including aid, counselling and assistance for a period of six months. [ 2 ] The Director asks the Court to order that the child be entrusted to his mother along with supporting measures including aid, counselling and assistance for a period of twelve months. [ 3 ] The mother admits most of the alleged facts. She agrees with the recommendations proposed.

[ 4 ] M e Massé on behalf of the child admits all the alleged facts that he is aware of, and he ignores others. [ 5 ] The child agrees with the recommendations. He really wants to go back and lives with his mother. [ 6 ] The evidence reveals the following facts. Since the last judgment rendered on May 25 th , 2022, the child was changed of the foster home on September 5 th , 2022 due to bullying from other foster children. Since then, the child is reported doing well. [ 7 ] On November 10 th , 2022, the mother completed a 30 days mobile treatment program.

Since then, the Youth Protection did not receive any report on the mother drinking. [ 8 ] The mother had regular visits with the child. No concerns were raised during the visits. [ 9 ] The mother has been sobered since October 20 th , 2022. She agrees to attend a treatment program in Town B or Town C Ontario and a relapse prevention program after completing the program. [ 10 ] She told the worker that she’s really dedicated to remaining sober. [ 11 ] The father passed away in October 2022. [ 12 ] At the time the application was signed it would have been premature to entrust the child to the mother.

Nevertheless, since then her situation has improved a lot. [ 13 ] Although she went through difficult time, the mother remained committed to address her issues. [ 14 ] Given the whole evidence, the fact that the mother acknowledges the situation, her needs to address her personal issues, her commitment to take the necessary steps, the consent of the child to the measures, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT : [ 15 ] GRANTS the Application; [ 16 ] REVISES the decision rendered on May 25 th , 2022; [ 17 ] DECLARES that the security and development of X born on [...], 2011 are still endangered under

section 38 ( b ) (1) iii and ( b) (2 ) of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted to his mother; [ 19 ] ORDERS that the child not to be exposed to anyone, including the parents, under the influence of alcohol or drugs; [ 20 ] ORDERS that mother ensures the child is attending school regularly, and absences be justified; [ 21 ] ORDERS that the child receive all specific health care and health services notably, that he receives counseling for grief; [ 22 ] ORDERS that the child and mother engage in counselling for grief; [ 23 ] ORDERS that the mother actively engages in Center A programs/workshops to address her consumption issues; [ 24 ] ORDERS that the mother attends a treatment program in TOWN B or Town C Ontario and a relapse prevention program after completing the program; [ 25 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family; [ 26 ] ORDERS the mother to collaborate with the Director of Youth Protection as required; [ 27 ] ORDERS that the mother meet with worker as requested; [ 28 ] ORDERS that aid, counseling, and assistance be provided to the child and to the child’s family for period of one year, until March 14 th , 2024; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 30 ] The whole, until March 14 th , 2024 .

___________________________________ LUCIE GODIN, J.C.Q. M e Adélia Ferreira Attorney for the Director of Youth Protection Father absent, not represented Attorney for the father M e Andréa Roc-Forgues Attorney for the mother M e Yan Massé Advocate for the child Dates of hearing : March 14 th , 2023 Last exhibit: D-7