Protection de la jeunesse — 232767 2023 QCCQ 8542 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000958-233 614-41-000957-235 614-41-000956-237 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2017 Y Born on [...], 2015 Z 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 38 - 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) submits an application under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that security and development of the children are endangered under

section 38 ( b ) (2) of the YPA . [ 3 ] The Director asks the Court to order that the children be entrusted to the maternal grandmother for a period of six months and to authorize their reintegration to the mother after three months if the situation allows it and to order several assistance measures including aid, counselling and assistance to the children and the children’s family for a period of twelve months. [ 4 ] The father is absent at the hearing. He lives at an unknown address in Town B. The worker does not have the father’s coordinates. He has been unable to contact him.

The worker did not receive any message from the father. [ 5 ] The Director asks the Court to proceed even though the father is absent.

There is no objection from the mother or M e Ayoub on behalf of the children. [ 6 ] M e Massé on behalf of the mother admits all the alleged facts and agrees to the recommendations proposed. [ 7 ] M e Ayoub after having heard the whole evidence and considering the mother’s consent, agrees with the recommendations proposed. [ 8 ] The evidence reveals the following facts. [ 9 ] Z is 10 years old, Y is 7 years old, and X is six years old. [ 10 ] Their parents are separated, and the children were living with the mother.

The father lives in another community. [ 11 ] The situation of the children has been known to the Director of Youth Protection since June 2021 with regards to incidents of parents’ drinking, drug use and conjugal violence. The situation of the children was reported to the Director with regards to the mother being intoxicated with the children in the home. [ 12 ] On February 10 th , 2023, workers went to the home and found the mother intoxicated. X and Z were in their rooms and Y was in the living room. [ 13 ] The home was seen to be unsuitable for children.

There was a strong and very bad smell that was almost unbearable after a few minutes in the home. There was dog pooh on the floor of the downstairs bathroom. The kitchen was very messy. [ 14 ] The children were removed under immediate protective measures and were entrusted to the maternal grandmother. [ 15 ] The mother was to attend the Youth Protection office on February 13 th , 2023 but she did not show up. Around the end of the afternoon, the worker went to the home.

The mother did not answer the door, but through the window, the worker could see the mother and other people drinking in the home. [ 16 ] Z confirmed that the mother often drinks in the home until the point of intoxication. [ 17 ] Given that the mother admitted having consumption issues, that she needs help and given the instability of the father, the security and development of the children are endangered under

section 38 ( b ) (2) and the evidence also reveals that the children have witnessed and heard conjugal violence in the home. Their security and development are endangered under

section 38 ( c ). [ 18 ] [Social Worker 1] in her report dated March 15 th , on page 5, analyses the situation in the following terms [2] : The parents are not together they've been separated for 6 months. The father is homeless and does not have a job. The father is unknown where he is at this time. The mother lives alone with her children in Town A. While the parents were still together, there have been several reports that the parents drinking in the home and the father assaulting the mother. The maternal grandmother stepped in and took the children when Youth protection went to do a ground verification.

On February 10 the children have been removed from home and are now in the care of the maternal grandmother C. The mother reports that she has been sober since February 27, 2023. She has attended two local programs and she says it helps her stay sober and get out of the community. She attended winter hunting expedition that was held on February 27- March 8, 2023 but returned early because she was also attending another program which is land-based retreat held on Mach 7-17, 2023. Her plan is to contact the NNADAP worker and apply for a treatment program for drugs and alcohol.

The mother admits to struggling with drugs and alcohol. And wants to correct her situation. The children are doing well in the care of their maternal grand mother C. They attend school regularly. The oldest child Z likes living

with her grandmother but wishes she could go home. She reports that she does not like it when her mother consumes alcohol and that she's scared when her mother has friends over during the night. When asked who watches her siblings when mom is drunk, she says she watches them.

She says she miss her parents, and she does not know when was the last time she spoke to her father. [ 19 ] The mother starts to change her living habits and is open to collaborate with the Director of Youth Protection. [ 20 ] Given the whole evidence, the consent of the mother to the measures, the Court concludes that the recommendations are in the interest of the children. THEREFORE, THE COURT : [ 21 ] GRANTS the applications; [ 22 ] DECLARES that the security and development of X born on [...], 2017, Z born on [...], 2012 and Y born on [...], 2015 are endangered under

section 38 ( b ) (2) and 38 (

c) of the Youth Protection Act ; [ 23 ] ENTRUSTS the children to the maternal grandmother for a period of six (6) months ; [ 24 ] AUTHORIZES the reintegration of the children under the mother’s care after three (3) months, if the situation allows it; [ 25 ] ORDERS the children to attend school on a regular basis; [ 26 ] ORDERS that the frequency and modalities of contacts between the children and the mother be supervised by the Director of Youth Protection; [ 27 ] ORDERS that the mother not to expose the children any form of violence; [ 28 ] ORDERS that the mother ensures the children not be exposed to anyone under the influence of drugs and alcohol; [ 29 ] RECOMMENDS the parents to seek help regarding their personal issues; [ 30 ] RECOMMENDS the parents to seek professional help to address their alcohol and drug consumption; [ 31 ] AUTHORIZES the Director of Youth Protection to obtain and share information with the professionals working with the children and the family regarding attendance; [ 32 ] ORDERS that aid, counselling, and assistance to be provided to the family for a period of twelve (12) months ; [ 33 ] The whole , until April 5 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 Father absent, not represented M e Marie-Josée Ayoub Advocate for the children

Date of hearing : April 5 th , 2023 Last exhibit: D-4