2023 QCCQ 8533, 2023 QCCQ 8533

Protection de la jeunesse — 232727 2023 QCCQ 8533 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000865-222 DATE : MAY 2 nd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2008 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 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on January 10 th , 2023,

[ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on January 10 th , 2023, maintaining the youth with the mother along with supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the youth be entrusted to a foster home with a possible reintegration with the mother if the situation allows it and to order several assistance measures including aid, counselling and assistance for a period of six months. [ 3 ] The mother contests the proposed measures.

She asks the Court to order that the child be entrusted to her. [ 4 ] The youth wants to stay with the mother. [ 5 ] The father is absent. He lives in Montreal and his address is unknown to the Applicant. [ 6 ] The youth is 14 years old. He consumes marijuana on regular basis with the knowledge of the mother. He attends school. [ 7 ] On March 29 th , 2023, the youth was maintained with his mother. Since the involvement of the Director the child attendance has improved a lot. He is attending school regularly and is doing well in classes.

The principal and teachers are very impressed with the child’s performance in school. [ 8 ] The Youth Protection worker testified that since the order rendered in March 2023, he visited the home a couple of time and there was no concern. [ 9 ] Since then, the Director did not receive any report concerning the child. He collaborates well, speaks openly with the worker. The worker testified that it is possible to maintain the child under the care of the mother with services provided to the youth. [ 10 ] The youth is ready to receive these services. He is doing well in school.

He is responsible for himself, obviously the mother must engage in all services offered to address her issues. [ 11 ] Given the testimony of the worker, the collaboration of the youth, the Court will order that the child remain entrusted to the mother for a period four months, to give the child and the mother the opportunity to engage in all services and to improve their situation.

THEREFORE, AND FOR THESE REASONS THE COURT: [ 12 ] GRANTS the Application; [ 13 ] REVISES the decision rendered on January 10 th , 2023; [ 14 ] DECLARES that the security and development of X born on [...], 2008 are still endangered under

section 38 ( b ) (1) ii. and 38 (

f) of the Youth Protection Act ; [ 15 ] ORDERS that the adolescent remain entrusted to his mother; [ 16 ] ORDERS that the adolescent continue to attend school on a regular basis; [ 17 ] ORDERS that Director of Youth Protection perform unannounced visits at regular intervals; [ 18 ] RECOMMENDS that the mother seek help with regards to her consumption issues and that she actively takes the steps to resolve this issue; [ 19 ] RECOMMENDS the mother to actively take steps to stabilize her living situation and inform the worker regarding her consumption issues and living situation; [ 20 ] ORDERS the mother to report to the worker at least once every two (2) weeks; [ 21 ] ORDERS that the adolescent receive services with professionals; [ 22 ] ORDERS that the adolescent actively seek help for his consumption situation and inform the worker on the steps he’s taken; [ 23 ] RECOMMENDS contacts between the adolescent and his father and; [ 24 ] ORDERS the Director of Youth Protection to support the adolescent on the means he may take to resume his relationship with his father; [ 25 ] ORDERS that the mother seeks services for her parental capacities, namely intense family therapy; [ 26 ] RECOMMENDS the father to seek services for his personal issues; [ 27 ] ORDERS the father to seek services for his parental capacities in order to gain relationship with his son; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the adolescent and the adolescent’s parents; [ 29 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the adolescent’s parents for a period of four months ;

[ 30 ] The whole until September 2 nd , 2023. [ 31 ] ENTRUSTS the situation of the child 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 Father absent, not represented M e Fanny Wylde Attorney for the mother M e Marie-Josée Ayoub Advocate for the child Date of hearing : May 2 nd , 2023 Last exhibit: D-6