2023 QCCQ 8504, 2023 QCCQ 8504

Protection de la jeunesse — 232709 2023 QCCQ 8504 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000681-215 DATE : JANUARY 12 th , 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 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 February 15 th , 2022, entrusting the child to a foster home for a period of nine months and ordering several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of nine months. [ 2 ] The Director asks the Court to order that X be entrusted to a foster home for a period of six months and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of one year.

[ 3 ] M e Malo on behalf of the parents admits the essential of the alleged facts, denies some of them. They both agree to the recommendations proposed. [ 4 ] After having heard the whole evidence, M e Massé on behalf of the child admits the essential of the alleged facts, denies some of them. The youth agrees with the recommendations proposed although she would like more regular contacts with the parents. [ 5 ] The evidence reveals the following facts. [ 6 ] Since the last judgment, the child remained in the same foster home. She is involved in youth activities in the community.

She is part of broom ball team and participate tournaments outside the community. [ 7 ] The mother still struggles with alcohol and drug consumption. She also struggles with personal issues. She did not seek professional help to deal with her personal issues. [ 8 ] The father declares being sober for the past fourteen months. He has contacts with the child on a regular basis.

He does not have a stable place to live within the community, he lives at a camp outside the community. [ 9 ] [Social Worker 1], Youth Protection worker, analysis the situation in the following terms: The parents have a long history of alcohol. drug abuse, selling of drugs and the children being exposed to the deaths of individuals in the home. In which left the children with traumatic experiences that will have a long-term effect. The children have a long history of negligence. […] The parents need to complete a treatment program and prove their sobriety.

The children need the Youth Protection in their lives until the parents do more to prove their commitment to the children. […] Both parents will need to demonstrate their ability to complete their respective treatment regarding substance uses in order for the DYP to consider a possibility of returning the children to their care. In addition, they will need to stabilize their residence. If the parents do not attend a treatment program and do not engage with professionals of their choice, the DYP's intentions will be to establish and determine a life plan of both children in the next review period.

For these reasons, the following recommendations are being made. [ 10 ] The goals and objectives of the measures are the following: The children remain in stable and structured environment; […] The parents take steps and complete and treatment program; The parents continue supervised contacts with their parents. [ 11 ] Given the whole evidence, the position expressed by both parents, their consent to the measures, the child’s needs, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X born on [...], 2008 are still endangered under

section 38 ( b ) (1) iii. and 38 ( d ) (2) of the Youth Protection Act ; [ 14 ] ORDERS that X be entrusted to a foster home for a period of six (6) months; [ 15 ] ORDERS the parents to take active steps to engage and complete a drug and alcohol treatment program; [ 16 ] RECOMMENDS that the parents submit to random drug testing upon the request of the Director of Youth Protection; [ 17 ] ORDERS that the frequency and conditions of contact between the child and the parents be supervised by the Director of Youth Protection, and with supervision of a third party if necessary; [ 18 ] ORDERS the parents to remain sober in the presence of the child at all times; [ 19 ] ORDERS the parents to ensure that the children are not exposed to any form of violence and/or persons under the influence of alcohol; [ 20 ] ORDERS the parents to collaborate with the Youth Protection Worker and meet the worker upon request;

[ 21 ] ORDERS the parents to advise the Director of Youth Protection of any changes in address and/or coordinates; [ 22 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all services providers working with the child and the family; [ 23 ] ORDERS to any peace officer to collaborate in the execution of the present order if requested by the Director of Youth Protection; [ 24 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the child and the child’s family for a period of 1 year. [ 25 ] The whole, until January 12 th , 2024. [ 26 ] 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 Adélia Ferreira Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the parents M e Yan Massé Advocate for the child Dates of hearing : January 12 th , 2023