2023 QCCQ 8498, 2023 QCCQ 8498

Protection de la jeunesse — 232703 2023 QCCQ 8498 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 614-41-000594-202 614-41-000595-209 614-41-000596-207 614-41-000597-205 614-41-000598-203 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF: X [1] , born on [...], 2006 Y, born on [...], 2008 Z, Born on [...], 2010 A, Born on [...], 2012 B, born on [...], 2018 Children And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant

And C Mother and D Father.

JUDGMENT [ 1 ] At the request and consent of all parties, the Court proceeds to a joint 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 December 1 st , 2021, entrusting the children to a foster family for a period of one year and authorizing their reintegration under the mother’s care at the end of the school year if the situation allows it. [ 3 ] The Director asks the Court to order that Y be entrusted to the maternal grandmother, A, B and Z be entrusted to a foster home and X be entrusted to the maternal grandfather for a period of nine months with reintegration in six months on the condition that the mother maintains abstinence from alcohol and drugs for a period of six months 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 ] M e Malo on behalf of the mother makes a general admission of the alleged facts although she denies still struggling with alcohol consumption and personal issues. [ 5 ] The mother testified that she admits still drinking alcohol but not in the presence of the children.

She also said that she decreases her consumption. She told the Court that she is ready and motivated to seek help such as meeting a counsellor at the Centre A to support her with her sobriety. She is ready to inform the Youth Protection worker of the steps she’s taking. [ 6 ] The Youth Protection worker testified that the mother’s commitment to seek help satisfies him. [ 7 ] M e Massé on behalf of the children told the Court that the oldest one understands the reason why the Youth Protection is still involved in their family, he agrees with the recommendations proposed. [ 8 ] The father has been duly served.

He is absent at the hearing. [ 9 ] The evidence reveals the following facts. [ 10 ] In September 2022, the oldest child gave birth to her first child. The mother was present during the birth of the child. Since then, the mother is more collaborative with the Youth Protection worker. She is more regular at visits with the children. [ 11 ] She is motivated to renovate the house where she lives. At the present time, she still lives with the maternal grandfather.

She still struggles with alcohol consumption and her personal issues, but she is motivated to seek help within a short delay. [ 12 ] The mother did complete treatment program in the past, before the intervention of the current Youth Protection worker, Mr. [Social Worker 1].

She is ready to seek help and to inform the worker. [ 13 ] She also asks the Court to order that Mr. [Social Worker 1] continue to intervene as the Youth Protection worker in the family situation. [ 14 ] All the children are placed with family members, and they are reported doing well. [ 15 ] Mr. [Social Worker 1] in the revision report [2] identifies the goals and objectives of the measures in the following terms: To ensure a safe environment for children where ail of their emotional, physical and educational needs are met consistently. That the children attend school regularly.

DYP's goal is to see the mother seek the services in the community for the sake of her children, she still has work to do before the children return home. The mother is capable of breaking the repetitive cycle because she has done programs before and she know what it takes if she wants her children under her care. [ 16 ] Given the whole evidence, the acknowledgment of the situation by the mother, her motivation to seek help, her consent to the measures, the position expressed by M e Massé on behalf of the children, the Court concludes that the recommendations proposed are in the interest of the children.

THEREFORE THE COURT: [ 17 ] GRANTS the applications; [ 18 ] REVISES the decision rendered on December 1 st , 2021; [ 19 ] DECLARES that the security and development of A born on [...], 2012, Z born on [...], 2010, B born on [...], 2018, X born on [...], 2006 and Y born on [...], 2008 are still endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 20 ] ORDERS that Y be entrusted to the maternal grandmother; [ 21 ] ORDERS that X with the maternal grandfather; [ 22 ] ORDERS that A, B and Z be placed in a foster home for a period of 9 months with reintegration in six (6) months on the condition that the mother maintains abstinence from alcohol and drugs for a period of six (6) months ; [ 23 ] TAKES JUDICIAL NOTICE that the mother is ready and motivated to seek help; [ 24 ] ORDERS the mother to seek help to support her with her sobriety and to take the necessary steps to obtain services at Center A and inform the worker on the steps she’s taken; [ 25 ] RECOMMENDS that Mr. [Social Worker 1] continue to give services to the family and that he be the worker appointed to the family; [ 26 ] ORDERS the mother to ensure that the children are not exposed to anyone under the influence of drugs and/or alcohol; [ 27 ] ORDERS that the parents fully collaborate with the Director and meet with the worker upon request; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family; [ 29 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of 12 months. [ 30 ] The whole, until January 10 th , 2024 . [ 31 ] 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 Nathalie Malo Attorney for the mother Father absent, not represented M e Yan Massé Advocate for the children Date of hearing: January 10 th , 2023 Last exhibits : D-12, D-13 (except B)