2023 QCCQ 8516, 2023 QCCQ 8516
Opinion
Protection de la jeunesse — 232721 2023 QCCQ 8516 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000837-221 614-41-000838-229 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2018 Y Born on [...], 2012 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 and - Youth Protection Act [ 1 ] At the request and consent of all 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 May 25 th , 2022, entrusting the children to a foster family for a period of six months along with supporting measures including aid, counselling and assistance for a period of six months. [ 3 ] The Director asks the Court to order that the children be entrusted to the parents and to order several assistance measures including aid, counselling and assistance to the children and the children’s family for a period of four months. [ 4 ] M e Marie-Josée Ayoub on behalf of the parents admits the essential of the alleged facts.
She denies some of them. [ 5 ] The parents agree with the recommendations proposed. However, they ask the Court to recommend them to engage in services to support and strengthen them with their sobriety rather than order it. [ 6 ] M e Massé on behalf of Y admits most of the alleged facts and he agrees with the recommendations.
Given the consent and the position of the parents, the whole evidence, M e Massé agrees with the recommendations for X. [ 7 ] The evidence reveals the following facts. [ 8 ] Following the last judgment, the children were living in a foster home and were reported doing well. [ 9 ] The parents maintained regular contacts with the children. They respected the
schedule of visits. The mother has been collaborative with the Youth Protection worker. On November 10 th , 20222, both parents completed a mobile treatment program. [ 10 ] At the time the application was signed, the parents had just finished their treatment. The Director therefore asked them to demonstrate their ability to remain sober for a longer period of time. The Director was taking into account the parent’s long standing alcohol consumption issues and the negative impact of those issues on both children.
Especially on the oldest one, Y who suffers from panic attacks. [ 11 ] [Social Worker 1], Youth Protection worker in his report [2] dated December 22 nd , 2022 analysis the situation in the following terms: DYP is involved because the parents were recommended to attend an after-care program upon completion of the Mobile Treatment Program. The parents completed the program In November and the children went home after 6 months being placed in a foster home. The parents should make the effort to attend workshops and after-care program to continue with their sobriety .
The parents’ alcohol consumption may have triggered the child to have anxiety or it could be hereditary as the mother appears to have anxiety herself. The DYP needs to ensure that that the parents maintain their sobriety so that the issues in the home may not resurface, such as the child’s anxiety. (undersigned’s emphasis) [ 12 ] The goals and objectives of the measures are the following: The goal is to remain and ensure there is a stable environment for the children where ail of the educational, physical and emotional needs are met. The goal is for the child to keep living in a healthy home environment.
The parents to continue on with their sobriety and to attend an after-care program in the community. The Children went home after being placed in the foster home, they are doing well since they returned home. The oldest child expressed that he wants to return home to his parents.
DYP will continue to monitor the parents and the children for the next coming months, Parents should continue to seek the services that available in the community. [ 13 ] The undersigned recognizes that the parents took means to improve their situation and encourages them to continue in that direction. [ 14 ] Given the whole evidence, the admissions made by the parents, their consent to the measures, the admissions made by M e Massé on behalf of the oldest child, his consent on behalf of the youngest one, the Court concludes that the recommendations proposed are in the interest of the children.
THEREFORE, THE COURT : [ 15 ] GRANTS the applications;
[ 16 ] REVISES the decision rendered on May 25 th , 2022; [ 17 ] DECLARES that the security and development of Y, born on [...], 2012 and X, born on [...], 2018 are still endangered under
section 38 ( b ) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the children be entrusted and maintained under the parents’ care; [ 19 ] ORDERS that the child Y be provided services for his anxiety; [ 20 ] RECOMMENDS that the parents engage in services to support and strengthen their sobriety and after care plan; [ 21 ] ORDERS the parents not to expose the children to anyone any form of drugs and alcohol; [ 22 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family for a period of four (4) months ; [ 23 ] The Whole, until May 10 th , 2023. [ 24 ] 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 Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the parents M e Yan Massé Advocate for the children Dates of hearing : January 10 th , 2023 Last exhibit: D-7
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