2023 QCCQ 8507, 2023 QCCQ 8507

Protection de la jeunesse — 232712 2023 QCCQ 8507 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o : 614-41-000732-216 614-41-000731-218 614-41-000730-210 DATE : MARCH 13 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2017 Y Born on [...], 2012 Z Born on [...], 2008 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 Undeclared father And A Mother. JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] At the request and with the consent of the parties, the Court proceeds to a common hearing into the situation of the children. [ 2 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 29 th , 2022, entrusting the children to a foster home for a period of six months with several assistance measures including aid, counselling and assistance to the children and the children’s family for period of one year. [ 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 family for a period of one year. [ 4 ] M e Massé on behalf of the mother told the Court that even though the mother considers the period of nine months a long period of time she recognizes that she needs to work on herself and therefore she agrees with the recommendations proposed. [ 5 ] M e Ayoub on behalf of the children given the consent of the mother, agrees with the recommendations proposed. [ 6 ] The oldest children Z and Y made a general admission of the alleged facts. [ 7 ] The evidence reveals that since the last judgment, the children Z and X remained in the same foster home and are doing well. [ 8 ] Y had to be moved from a few foster homes.

She has exhibited some difficult behaviors in the foster homes, at the maternal grandmother’s home and in school. She has a hard time respecting the maternal grandmother’s authority. She is now in a foster home in Town B. [ 9 ] The children’s mother remained incarcerated. The mother spoke regularly on the phone to the children.

The mother expressed wanting to go to treatment for her issues namely for anger management when she will get out of prison. [ 10 ] Y must receive all specific health care and health services she needs namely to benefit from an assessment by a child psychiatrist due to her behavior. [ 11 ] The children did not witness mother intoxicated during the time she was in the community. Since the mother still remains in prison, she is not stable from now, she does not have a home and the children need a good stable home where there is good living environment. [ 12 ] The mother recognizes that she needs to work on herself.

The Youth Protection encourages the mother to recognize that she has to stop drinking and to start taking care of the children first instead of putting drugs and alcohol first in her life [2] . [ 13 ] The goals and objectives of the measures are the following [3] : The goal is the children need to keep living in a safe healthy home environment.

Ensure the children are not exposed to any kind of violence. Ensure the children are not exposed to alcohol or drugs. The mother to continue with the services after she's released from jail. That the mother continues to maintain her sobriety and relapse prevention. The mother to learn how to have good communication and not to expose the children to any form of conflict. Mother take steps to address her substance use. [ 14 ] Given the whole evidence, the children’s needs, the Court concludes that the recommendations proposed are in the interest of the children and given the mother’s consent to these measures.

THEREFORE, THE COURT : [ 15 ] GRANTS the Applications; [ 16 ] REVISES the decision rendered on September 29 th , 2022; [ 17 ] DECLARES that the security and development of Z born on [...], 2008, Y born on [...], 2012 and X born on [...], 2017 are still endangered under

section 38 ( b ) (1) iii. and ( b ) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the children Z and X be entrusted to a foster home for a period of nine (9) months ; [ 19 ] AUTHORIZES the reintegration under the mother’s care in six months if the situation of the mother allows it; [ 20 ] ORDERS that the child Y be entrusted to a foster home for a period of nine (9) months ; [ 21 ] AUTHORIZES the integration under the mother’s care in six months if the situation of the mother allows it; [ 22 ] ORDERS that all contacts between the mother and the children be organized by the Director of Youth Protection in terms of frequency, modalities and degree of supervision; [ 23 ] RECOMMENDS that the mother receive grief counselling; [ 24 ] ORDERS that the mother seek help for alcohol and drugs abuse and attend treatment; [ 25 ] ORDERS that the mother be sober in the presence of the children and ensure that the children are not exposed to anyone under the influence of drugs and alcohol; [ 26 ] ORDERS that the mother ensure that the children are not exposed to any form of violence; [ 27 ] ORDERS that the children attend school regularly; [ 28 ] ORDERS that the child Y be assessed by a child psychiatrist due to her behavior; [ 29 ] ORDERS the mother to take steps to stabilize her living situation; [ 30 ] ORDERS the mother to attend and complete an anger management program; [ 31 ] ORDERS the mother to report periodically to the Direction of Youth Protection on the measures she takes in her own regard or that of the children to put an end to the situation of compromission; [ 32 ] ORDERS that a person working for an institution, or a body provides aid, counselling, and assistance to the children's family for twelve (12) months , until March 13 th , 2024 ; [ 33 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 34 ] The whole, until March 13 th , 2024 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Yan Massé Attorney for the mother M e Marie-Josée Ayoub Advocate for the children Dates of hearing : March 13 th , 2023 Last exhibit: D-10