2023 QCCQ 8506, 2023 QCCQ 8506

Protection de la jeunesse — 232711 2023 QCCQ 8506 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000690-216 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2015 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 al. 1- Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application for a review of the decision rendered on May 26 th , 2022, entrusting the child to the mother and ordering several assistance measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child be entrusted to the father.

The Director amended the duration of the proposed measures asking that they be ordered until February 28, 2024, instead of one year. [ 3 ] At the hearing the worker testified that since the mother collaborates with the Director and makes several follow-ups, the child could be returned to the mother in six months. [ 4 ] The father admits all the alleged facts. He agrees with the recommendations proposed. [ 5 ] The mother admits the essential of the alleged facts.

She agrees with the recommendations, and she submits that she will be ready in six months to resume her parental responsibilities towards the child. [ 6 ] The evidence reveals the following facts. The child will turn 8 years on [...], 2023. [ 7 ] At the time the application was signed on November 29 th , 2022, the situation was the following. [ 8 ] Since the judgment rendered on May 26 th , 2022, the child remained with the mother. [ 9 ] At an exact time, unknown to the Director the mother resumed drinking.

There has been at least three different reports since the month of August 2022 with regards to the mother drinking to the point of intoxication. The last report was on November 27 th , 2022. At around 10 am the social emergency went to the home and found the mother drinking and intoxicated in the presence of the child. [ 10 ] The child and siblings were taken to home of a family member and were returned to the mother after she sobered up. [ 11 ] Around 10 pm, the social emergency went to the home to verify on the mother. She was outside with two individuals.

She did not want the workers to enter the home and denied that the child and siblings were in the home. When one of the workers entered the home, there was s strong smell of alcohol. The child was hiding under a bed.

The siblings were under the care of a mother’s friend. [ 12 ] Immediate protective measures were invoked, and the child was entrusted to a foster home. [ 13 ] The siblings have been under the care of the father temporarily until a foster home was found for them. [ 14 ] The mother admits that she has not been transparent with regards to her situation and has exposed the child to drinking. [ 15 ] Last fall, the father was not committed to taking care of the child on a permanent basis. He is now. [ 16 ] The collaboration of the parents has been uneven.

The parents have improved their collaboration since then. [ 17 ] The mother goes regularly to the worker’s office. She told them more openly what her situation is. [ 18 ] The child needs stability. The mother took some steps to address her issues in the past. She finished three programs since 2021. Unfortunately, she relapsed but she is open to engage in program to maintain her sobriety. [ 19 ] [Social Worker 2, team leader, has signed a report dated March 28 th , 2023. She analyses the situation in the following terms [2] : Since the last court the child has remained in the care of his father.

The child hasn't missed any significant amount of school since he has been with his father. The child seemed well on times he was seen by YP worker. The parents are not together. The mother lives in Town A at her own residence. The father lives with his girlfriend at her residence along with her children and their infant. The father had good communication and collaboration in the beginning. The father works long hours during the day but would often make time to meet with the YP worker.

However, as of lately, the father had missed a few scheduled meetings with the YP worker on the March calendar for visits with his other children, Y and Z. Th YP worker had given the father information on the program for Anger Management, but the father has not yet informed the worker if he had applied himself. The mother has been doing well on remaining sober and has followed the calendar for visits with her children. There have not been any concerns where the mother is involved, which included red flags during her visits.

Although there was concern about her leaving Portage without completing, on February 8, 2023, during the last court hearing. She did explain that she left because it was hard when a translator was always with her. The program was supposed to be bilingual, but she says that it was always in French. During her stay there, she had

come to realize that she had a lot to think about and believes strongly that she can continue with her healing journey. [ 20 ] The worker testified that the mother takes steps to address her issues, but the Youth Protection wants to give her time for reintegration to be a success. [ 21 ] The worker testified that a period of six months is reasonable, and she submits that within this period of time the mother will be able to resume her parental responsibilities towards the child. [ 22 ] Given the age of the child, his needs, the consent of the parents and of evidence, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT : [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of X born on [...] 2015 are still endangered under

section 38 ( b ) (1) iii. and 38 ( b) (2) of the Youth Protection Act ; [ 25 ] ORDERS that the child be entrusted to the father for a period of six months ; [ 26 ] RECOMMENDS that the parents engage in individual counselling to address unresolved relationship issues; [ 27 ] RECOMMENDS the mother to complete a treatment aiming at maintaining her sobriety; [ 28 ] ORDERS the frequency and modalities of contacts between the child and the mother be determined by the Director of Youth Protection, with supervision if deemed necessary; [ 29 ] TAKES JUDICIAL NOTICE that it is in the interest of the child that a

schedule of visits be prepared among the parties, the Director of Youth Protection, the mother and the father; [ 30 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and the child’s family; [ 31 ] ORDERS both parents to continue to collaborate with the Director of Youth Protection and meet with the worker when requested to do so; [ 32 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of six months ; [ 33 ] ORDERS any peace officer to collaborate with the present order if requested to do so; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 35 ] The whole until October 5 th , 2023 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Andréa Roc-Forgues Attorney for the mother Father present, not represented M e Yan Massé Advocate for the child Date of hearing : April 5 th , 2023 Last exhibit: D-11