Protection de la jeunesse — 232730 2023 QCCQ 8536 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] Youth Division N o . 614-41-000889-222 614-41-000888-224 DATE : MAY 3 rd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on […], 2022 Y Born on […], 2019 Children 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 ] At the request and with the consent of all parties, the Court proceeds to a common hearing into the situation of the children. [ 2 ] The Director of youth Protection (Director) applies to the Court for a review of the decision rendered on September 28 th 2022, entrusting the children to a foster home for a period of 6 months along with supporting measures including aid, counselling and assistance to the children and the children’s family for a period of 6 months. [ 3 ] The Director asks the Court to order that the children remain entrusted to a foster home for a period of nine months and to order several assistance measures including aid, counselling and assistance to the children and the children’s parents for a period of twelve months. [ 4 ] The parents are absent.

The mother is not represented. They’ve been duly served. [ 5 ] M e Ayoub represents the father. On his behalf she admits some facts, ignores others. He consents to the recommendations. Me Ayoub asks the Court to recommend treatment instead of ordering it as it is proposed by the Appplicant. [ 6 ] M e Wylde after having heard the whole evidence on behalf of the children consents to the application and agrees with the recommendations proposed. [ 7 ] The evidence reveals the following facts. [ 8 ] X is one year old, and Y is 3 three years old.

Since the last judgment, X was removed from the previous foster home in mid- November and moved to the foster home of her maternal aunt. [ 9 ] Y was removed from his previous foster home at the end of December and moved to the foster home of the maternal aunt. Both children are in the same foster home and are doing well. [ 10 ] The parents only started to make changes in their life in February 2023. Only since then they requested to have regular contacts with the children. However, they don’t’ follow through with the

schedule visits. [ 11 ] The mother states having decreased her consumption. She did not seek any help to resolve her addiction and personal issues. The father states having decreased his consumption. He states having recently contacted the National Native Alcohol and Drug Abusive Program worker and having applied for a treatment and waiting for a response.

The parents did not present any evidence of these affirmations. [ 12 ] The parents have recently resumed their relation and are living with the paternal grandparents in Town B. [ 13 ] [Social Worker 1], Youth Protection worker, in her report [2] dated February 20 th , 2023 analyses the situation in the following terms: Since September there seems to have been no effort up until recently in regards to seeking out services for alcohol consumption, marijuana abuse, as well as anger management therapy. Although the father stated he sought out services for himself, there is no evidence of completing a program.

DYP has made a referral for both parents. There seems to be an attempt for stabilization in their lives but DYP’s involvement should remain until we see more progress terms of starting and following through with programs. Currently mother is showing a lack of effort. DYP suggest that third party supervision be in place due to evidence regarding 38 e reported to us on July 7, 2022. [ 14 ] The goals and objectives of these measures are the following [3] : The main goal is to return the children once the parents are stable and healthy to care for their children.

The parents do require professional help in terms of their personal related issues that are causing them to neglect and be more effective with their parental responsibilities. DYP wishes to see that the parents take active

part in addressing the causes of their past trauma as well. Both parents have stated that they are willing to take the active steps in order to have their children back in their care. Parents are motivated to have their children returned to their care. In addition, the father is currently under a carpentry program. Also, he is waiting to attend a treatment program.

Mother is presently seeking employment, both parents State they are motivated. [ 15 ] Given the age of the children, their needs, the situation of both parents, the assessment of the situation, the Court concludes that the recommendations proposed to which M e Wylde agrees on behalf of the children, are in the interest of the children and answer their needs. THEREFORE, THE COURT :

[ 16 ] GRANTS the applications; [ 17 ] DECLARES that the security and development of X born on […], 2022 are still endangered under

section 38 ( b ) (1) , 38 ( b ) (2) and 38 (

c) of the Youth Protection Act .; [ 18 ] DECLARES that the security and development of Y born on […], 2019 are still endangered under

section 38 ( b ) (2) and 38 (

c) of the Youth Protection Act ; [ 19 ] ORDERS that the children remain entrusted to foster home for a period of nine months ; [ 20 ] RECOMMENDS the parents to engage in a treatment to address their alcohol consumption issues; [ 21 ] RECOMMENDS the parents to undergo random drug testing upon request; [ 22 ] RECOMMENDS the parents to continue to seek services for their aggressivity and personal issues; [ 23 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the parents as for the for frequency, duration, modality and in the presence of a third party; [ 24 ] ORDERS the parents to be sober of any form of substance in the presence of the children and not to expose them to a intoxicated person; [ 25 ] PROHIBITS the parents to go to the foster home until authorized by the Director of Youth Protection; [ 26 ] AUTHORIZES the Director of Youth Protection to share and obtain information with the service providers working with the family as to attendance motivation, degree of involvement; [ 27 ] ORDERS that aid, counselling and assistance be provided to the children and the parents for a period of twelve (12) months ; [ 28 ] The whole, until May 3 rd , 2024; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Mother absent, not represented M e Marie-Josée Ayoub Attorney for the father M e Fanny Wylde Advocate for the children Date of hearing : May 3 rd , 2023 Last exhibit: D-7