2023 QCCQ 8530, 2023 QCCQ 8530

Protection de la jeunesse — 232724 2023 QCCQ 8530 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000861-221 614-41-000860-223 614-41-000859-225 614-41-000858-227 DATE : APRIL 6 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2014 Y Born on [...], 2012 Z Born [...], 2011 A Born on [...], 2008 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 B C Father of Y, X and A Undeclared father for Z. Parents . JUDGMENT

Article 95 - 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 for a review of the decision rendered on August 15 th , 2022, ordering that the children be entrusted to the mother at the exclusion of the father along with many supporting measures including aid, counselling and assistance for a period of six months. [ 3 ] The Director asks the Court to order that the children remain entrusted to the mother at the father’s exclusion and to order several assistance measures including aid, counselling and assistance to the children and the children’s family for a period of one year. [ 4 ] The mother makes a general admission of the alleged facts.

She consents to all the proposed measures. [ 5 ] The father is absent. He is not represented by any lawyer. [ 6 ] M e Massé on behalf on Y, Z and X given the consent of the mother, agrees with the recommendations proposed. [ 7 ] A is not represented by any lawyer. She agrees with the recommendations proposed. [ 8 ] The evidence reveals the following facts. [ 9 ] Since the last judgment all the children have been maintained with the mother.

The children are reported doing well except for A who refuses to attend school, spends her days gaming on the computer, shows no interest in social interaction; [ 10 ] A threatens the mother that she will take her life if the mother continues insisting on her going to school. [ 11 ] Y, Z and X attend school regularly and are doing well. [ 12 ] The mother’s collaboration with the youth protection worker is consistent. She follows all children medical appointments. [ 13 ] A therapy between the mother and A was scheduled last week and A should continue to benefit from such a therapy.

She would also benefit from speech therapy. [ 14 ] The house still needs to be cleaned and organised. [ 15 ] The parents are presently not living together, the father is detained. [ 16 ] The mother agrees to continue to collaborate with Youth Protection.

[ 17 ] The mother is trying to do her best. [ 18 ] [Social Worker 1], Youth Protection worker and team leader [Social Worker 2] in a report dated March 17 th , 2023, on page 6 [2] underline that there is still a risk factor : The risk factor is that she Works on her home to be safer environment and to fix her door and Windows to be replace and make sure that she has a second door just in case the home gets into fire. I recommend that the mother continues her parental session that she has already started with the psychologist. I recommend the children get any support in their past trauma with a worker from school.

She is willing to change and work on getting a new home and didn't get any respond from the band office. The mother is willing is working on herself with everything that happen in her life. [ 19 ] Given the whole evidence, the children’s needs, the admissions made by the mother and her consent to the measures, the children’s consent to the measures, the Court concludes that the recommendations proposed are in the interest of the children and that Youth Protection intervention is still necessary to protect the children.

THEREFORE, THE COURT : [ 20 ] GRANTS the applications; [ 21 ] REVISES the decision rendered on August 15 th , 2022; [ 22 ] DECLARES that the security and development of A born on [...], 2008, Z born on [...], 2011, Y born [...], 2012, and X born on [...], 2014 are still endangered under

section 38 ( b ) (1) iii., 38 ( b ) (2) and 38 (

c) of the Youth Protection Act ; [ 23 ] ORDERS that the children be entrusted to the mother, at the exclusion of the father; [ 24 ] ORDERS that the mother does not leave the children without the proper arrangements for supervision; [ 25 ] TAKES JUDICIAL NOTICE that the mother agrees not to leave the children in the care of others for prolonged periods; [ 26 ] ORDERS that the contacts between the children and the father be determined by the Director of Youth Protection as for frequency and modality, including supervision, duration and the presence of a third party as long as deemed necessary; [ 27 ] ORDERS that the mother gets support from the social services and for the children and herself, with written proof to confirm that the steps were taken; [ 28 ] ORDERS the parents to collaborate with the Director of Youth Protection and meet the worker upon request; [ 29 ] ORDERS the parents to ensure that the children are not exposed to any form of violence and/or persons under the influence of alcohol; [ 30 ] ORDERS the mother to ensure that the children complete the psychological assessments and follow the recommendations done by the professional; [ 31 ] ORDERS that A receive specific health care and health services namely that she benefits from speech therapy and that all the recommendations be respected by all parties; [ 32 ] ORDERS that all the children receive specific health care and health services namely that they benefit from a psychological follow-up; [ 33 ] RECOMMENDS the mother to complete her parental assessment and follow the recommendations of the professionals; [ 34 ] ORDERS the children to attend school on a full-time basis except for medical purposes including a note to confirm; [ 35 ] ORDERS that the mother to keep the home environment clean at all times; [ 36 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all services providers working with the family; [ 37 ] ORDERS t hat aid, counselling and assistance be provided to the children and the children’s family for a period of one year ; [ 38 ] The whole, until April 6 th , 2024 . [ 39 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 40 ] ORDERS any peace office ta collaborate with the execution of the present Court order.

___________________________________ LUCIE GODIN, J.C.Q. M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother Father absent not represented M e Yan Massé Attorney for Y, Z and X A, present, not represented Dates of hearing : April 6 th , 2023 Last exhibit: D-5