2023 QCCQ 8485, 2023 QCCQ 8485

Protection de la jeunesse — 232690 2023 QCCQ 8485 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o 614-41-000252-173 DATE : JANUARY 9 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2007 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 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on November 30 th , 2021, entrusting the child to a foster home for a period of one year, along with supporting 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 a foster home for nine months and to order several assistance measures for a period of twelve months. [ 3 ] The father has been duly served, he’s absent at the hearing. All parties agree to proceed even though the father is absent.

[ 4 ] M e Malo on behalf of the mother makes a general admission of the alleged facts. Although the mother voices that since the last judgment her situation is different in the sense that she has been sick and she took steps to address her health issues. [ 5 ] The mother agrees with the recommendations. [ 6 ] M e Massé on behalf of the child admits most of the alleged facts, he ignores some of them. The child agrees with all the recommendations although he wishes deeply to be reunited with his former foster family in Town B which will be done in a near future.

The plan is to transfer him to his foster family on this Wednesday, January 11 th . [ 7 ] The evidence reveals the following facts. [ 8 ] Since the last judgment, the youth was transferred from foster home to foster home. He’s been living in four different foster homes. He had different issues with the foster parents.

He’s in a foster home since September 20 th in the same foster home as his sister Y. [ 9 ] The foster mother declared that the child needs a lot of attention and would be better in a foster home where he is the only child. [ 10 ] The child will be transfer on Wednesday to his former foster family in Town B. He knows the foster parents and he wishes to go back with them. He’s doing better in school. He plays guitar and has participated in spectacles. [ 11 ] The situation of the parents remains the same. The mother has no stable home.

It has been said at the hearing that she has a stable home in Town C but she did not provide any proof of it. [ 12 ] The mother took some steps to address her health issues, but the [Social Worker 1] testified that she did not take any steps to address her addiction issues.

She did not actively participate in any treatment. [ 13 ] The father does not have a stable home and since the last judgment he had only one supervised visit with the child. [ 14 ] At the present time, none of the parents are in a position to resume care of the child. [ 15 ] [Social Worker 2], youth protection worker, in the report filed as exhibit D-16, identify the objectives of the intervention in the following terms: The goal of the intervention was to have a stable home for X where all his needs are met emotionally, physically and educationally. To attend school regularly.

X has been moving from home to home since he returned home, we need to have a stable home for him. So, he will return to the foster home he was staying in Town B in January.

It is important for the youth to live in a structured home. [ 16 ] The evidence also reveals that the child went through instability since the last judgment being transferred to four different foster families. [ 17 ] Since the plan is to reintegrate him in Town B in a foster home that he knows is in his interest. [ 18 ] Given the whole evidence, the consent of the mother and the consent of the child to the measures, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of X, born on [...], 2007, are still endangered under

section 38 ( b ) (1) iii. and 38 (b) (2) of the Youth protection Act ; [ 21 ] REVISES the order rendered on November 30 th , 2021; [ 22 ] ORDERS that the youth be entrusted to a foster home for a period of nine (9) months as of today; [ 23 ] ORDERS the parents to attend counseling sessions and parenting workshops; [ 24 ] ORDERS the parents to actively participate in alcohol and drug treatment and follow recommendations; [ 25 ] ORDERS the parents to ensure that the youth is not exposed to anyone under the influence of drugs and/or alcohol when the youth has visits; [ 26 ] ORDERS the parents to collaborate with the Director of Youth Protection worker and go to the Youth Protection office upon request; [ 27 ] ORDERS that aid, counselling and assistance be provided to the youth and the youth’s family for a period of one year ; [ 28 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present decision; [ 29 ] The Whole, until January 9 th , 2024 .

___________________________________ LUCIE GODIN, J.C.Q. M e Magdalena Lempicka Attorney for the Director of Youth Protection Father, absent M e Nathalie Malo Attorney for the mother M e Yan Massé Advocate for the child Date of hearing : January 9 th , 2023 Last exhibit: D-17