2023 QCCQ 8487, 2023 QCCQ 8487

Protection de la jeunesse — 232692 2023 QCCQ 8487 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000449-191 614-41-000450-199 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2015 Y Born on [...], 2013 Children 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 ] At the request and consent of all parties, the Court proceeds to a common hearing in the situation of the children. [ 2 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on October 13 th , 2021, maintaining the children with the mother along with supporting measures including aid, counselling and assistance for a period of one year. [ 3 ] M e Ayoub on behalf of the father admits the alleged facts with regards to the situation of the mother and the children. He submits that his situation has improved.

[ 4 ] He agrees with the recommendations, but he submits that X should stay in Town B until the end of the school year because she receives services at school where she is now namely, speech therapist and a shadow and she has two teachers at school. He submits that she would not have all those services in the community of Town A where she lives with the mother. After the end of the school year, he accepts that she be entrusted to the mother. [ 5 ] The mother admits the essential of all the alleged facts.

She agrees with the recommendations proposed for both children. [ 6 ] After having heard the whole evidence, M e Massé on behalf of the children submits that the recommendations answer the children’s needs, and that X will receive services that she needs in the community of Town A. [ 7 ] The evidence reveals the following facts. [ 8 ] Since the last judgment, the children remained with the mother and are reported doing well. [ 9 ] The mother declares maintaining her sobriety. The Youth Protection worker did not receive any reports on the mother drinking.

The mother did attend workshop too help her with her personal issues. [ 10 ] The father filed a letter dated January 10 th , 2023, signed by [Social Worker 2], filed as exhibit F-1 stating that the father is a client of A of Health and Social Services A and that he completed three virtual therapy program on March 2 nd , 2021. [ 11 ] The three weeks programs that the father refers to in exhibit F-1 took place before the pronouncement of the last judgment. [ 12 ] Since then, the father did not attend any treatment program for his drug and alcohol consumption or for anger management. [ 13 ] In the same document, it is written that the father would need to reapply for anger management therapy at Centre A in Town C, Ontario. [ 14 ] Unfortunately, the father does not collaborate with the Director of Youth Protection Youth Protection who is unaware of the father’s whereabouts. [ 15 ] The litigious question: As the Applicant proved by balance of probabilities that it is in the interest of the child (

X) to be entrusted to the mother in Town A? [ 16 ] The entrustment of the child to the mother has not been contested. The only thing is that the father submits that the child should stay in Town B until the end of school year to permit her to benefit from services. [ 17 ] The Court heard the testimony of the father who expressed which services she could benefit from in Town B: a speech therapist, two teachers, a shadow. [ 18 ] The worker testified that she made a verification in school and the child does not benefit from a shadow.

She also made verification at school in Town A and the child will continue to meet the speech therapist and benefit from services she needs. [ 19 ] The father would have preferred that her daughter stayed in Town B. The evidence has not been contested on the fact that it is in the interest of the child to be entrusted to the mother who lives in Town A where the child will receive all services she needs. [ 20 ] [Social Worker 1], youth protection worker, in her report dated October 15 th , 2022, analysis the situation in the following terms: Y and X were both living with the mother until recently.

Diedre is now living in Town B with an extended family member. She is enrolled in Town B's School A and is to begin grade one on October 17, 2022. Y remains under the care of her mother and is reported to be doing well. The mother and father do not communicate, however the children frequently have contact with the paternal grandparents. The mother advises she does consume alcohol occasionally but states her consumption is done out of the family home and the children are under the care of her brother who resides with her full time.

It appears the mother is doing well and remains connected to her support services in the community. She also receives support from family. Although the mother drinks once a month she is diligent with her decisions surrounding her alcohol use and ensures her children are not exposed to any unsafe environments. She also provides them with a care giver that she can trust with their care.

There have been no reported concerns for the children since they have been returned to the mother. [ 21 ] It also appears in the evidence that the paternal grandmother exercises large responsibilities towards the children when they are in the community. She does not have a positive relationship with the mother and a conflictual incident appeared last December. The police had to intervene, where the children were present.

[ 22 ] The input of the grandmother should be positive for the children. [ 23 ] Y has expressed being happy to live with her mother and that she likes going to Town B visiting her family on her dad side. [ 24 ] The children should not be put in the middle of a conflict created by adults including the grandmother and the contacts between the children and the grandmother should be authorized only in the interest of the children. [ 25 ] Given the whole evidence, the position expressed by the mother and the position of the children as well the Court concludes that the recommendations are in the interest of the children.

THEREFORE, THE COURT: [ 26 ] GRANTS the applications; [ 27 ] REVISES the decision rendered on October 13 th , 2022; [ 28 ] DECLARES that the security and development of Y born on [...], 2013 and X born on [...], 2015 are still endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 29 ] ORDERS that the children remain entrusted under the care of their mother; [ 30 ] ORDERS that the frequency and modality of contacts between the father and the children be authorized by the Director of Youth Protection but, frequency and modality must be agreed upon among all parties and if not, there will be one contact per month, and the father will have to travel to see the children; [ 31 ] ORDERS parents seek counselling and treatment program for drugs and alcohol addictions; [ 32 ] ORDERS parents to refrain from alcohol or drugs when children are present; [ 33 ] ORDERS the parents to ensure that the children are not exposed to any form of conjugal violence; [ 34 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 35 ] ORDERS that aid and counselling and assistance be provided to the children and the children’s family; [ 36 ] The whole, for a period of one (1) year January 12 th , 2024. [ 37 ] 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 Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the father Mother present, not represented M e Yan Massé Advocate for the children

Dates of hearing : January 12 th , 2023 Last exhibit: D-15