Protection de la jeunesse — 232723 2023 QCCQ 8529 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000857-229 614-41-000675-217 614-41-000676-215 DATE : APRIL 3 rd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...] , 2021 Y Born on [...], 2017 Z Born on [...], 2015 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 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 November 21 st , 2022, entrusting the children to a foster home for a period of six months along with supporting measures including aid, counselling and assistance for a period of twelve months. [ 3 ] The Director asks the Court to order that the children remain entrusted to a foster home for a period of eight months and to authorize their reintegration in six months if the situation allows it. [ 4 ] The mother has been duly served.

She is absent at the hearing. [ 5 ] The father is present. He is not represented by any lawyer. [ 6 ] M e Massé on behalf of the children after having heard the whole evidence submits that the recommendations proposed are in the interest of the children. [ 7 ] The father admits the alleged facts with regards to his own situation. He ignores the essential of the alleged facts concerning the mother. [ 8 ] The father agrees with the recommendations proposed. He explains that he is ready to take all necessary means to assume his parental responsibilities. [ 9 ] He is waiting to be sentenced.

If he goes to jail, he says he will attend any program that could be offered there. If not, he is ready to get into treatment even outside the community. [ 10 ] The father says he wants to be a good father for his children and that he is motivated to change. [ 11 ] The evidence reveals the following facts. [ 12 ] Since the last judgment, the children remained in the foster home of the maternal great-grandmother and are doing well. [ 13 ] The mother still struggles with alcohol consumption. She has not resolved her issues that lead to Youth Protection intervention.

She did apply to attend a treatment program but still needs to provide a form for the application to be completed. [ 14 ] The mother moves around the community. She has no stable home. She has regular and scheduled visits with the children, but she did miss two visits and shortened one. [ 15 ] The Youth Protection worker has difficulties to reach the mother. She does not reply to the messages or request of the worker to come to the Youth Protection office. [ 16 ] The father quit his job at the mine. [ 17 ] In February 2023, he started to attend a therapy with Tom Caplan.

He declares being sober from alcohol and drugs since February 14 th , 2023. [ 18 ] He has now his own house within the community. [ 19 ] He requested to have regular contacts with the children. He explained that he did not receive the

schedule on time and that’s why he missed some of the scheduled visits. [ 20 ] The father testified that he tries to do his best to address his issues. He asks the Court to order that he perform drug testing upon request. He wants to be able to prove his sobriety. [ 21 ] [Social Worker 1], Youth Protection worker in her report dated March 24 th , 2023 [2] analyses the situation in the following terms: DYP will continue being involved with this family until the alcohol and substance use of both parents is addressed and resolved.

It is crucial that both parents are transparent with themselves and realize that they do in fact, have a problem with alcohol and substance and for that they decide to address them in a treatment facility, attend workshops or conferences in the community.

Also, address any other issues they may struggle with to a professional counsellor at either the Center A or elsewhere they feel interested. [ 22 ] The goals and objectives of the measures are the following [3] : DYP's goal for this family is to have the children reunited back into the care of either parent once they have completed ail court orders, maintained their sobriety, have stability in regards of housing, and are ready to résumé the care of their children. It is the parents' responsibility to follow through with the court orders provided in court in order to have the children returned into their care.

[ 23 ] Given the position expressed by the father, his motivation to address his issues, given the evidence, M e Massé’s position on behalf of the children, the Court concludes that the recommendations are in the interest of the children. THEREFORE, THE COURT : [ 24 ] GRANTS the applications; [ 25 ] REVISES the decision rendered on June 16 th , 2022; [ 26 ] DECLARES that the security and development of Y born on [...], 2017, Z born on [...], 2015 and X born on [...], 2021 are still endangered under

section 38 ( b ) (1) iii. of the Youth Protection Act .; [ 27 ] ORDERS that the children remain entrusted to a foster home for a period of eight (8) months; [ 28 ] AUTHORIZES the reintegration with the parents in six (6) months, if the situation of the parents allows; [ 29 ] TAKES JUDICIAL NOTICE that the plan presented by the Director of Youth Protection is that the children remain with the grandparents; [ 30 ] ORDERS that the parents attend and complete an alcohol and drug program; [ 31 ] ORDERS that the parents engage in an aftercare program after the completion of a treatment program; [ 32 ] TAKES JUDICIAL NOTICE that the father requests to undergo drug testing upon request; THEREFORE [ 33 ] ORDERS the father to undergo drug testing upon request of the Director of Youth Protection; [ 34 ] RECOMMENDS the mother to undergo drug testing upon request; [ 35 ] ORDERS the parents to inform the Director of Youth Protection of any steps they have taken regarding their alcohol and drug use; [ 36 ] ORDERS the parents to take all the necessary means in order that the children are not exposed to anyone under the influence of alcohol and drugs; [ 37 ] ORDERS that the frequency and modality of contacts between the children and their parents be authorized by the Director of Youth Protection; [ 38 ] ORDERS the parents to collaborate with the Director of Youth Protection and meet with worker upon request; [ 39 ] ORDERS that aid, counselling, and assistance be provided to the children and the children’s family for a period of twelve (12) months ; [ 40 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 41 ] The whole, until April 3 rd 2024 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection Mother absent Father present, not represented M e Yan Massé Advocate for the children Date of hearing : April 3 rd , 2023 Last exhibits: D-3 for X, D-10 for Z and Y