2023 QCCQ 8508, 2023 QCCQ 8508

Protection de la jeunesse — 232713 2023 QCCQ 8508 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000736-217 DATE : MAY 1 st , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2021 Child 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 A B Parents . JUDGMENT

Article 95 - Youth Protection Act

[ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on August 19 th , 2022, ordering that the child remain entrusted to the mother and ordering several assistance measures including aid, counselling and assistance for a period of six months. [ 2 ] The Director asks the Court to order that the child remain entrusted to the mother and to order several assistance measures aiming at protecting the child, including aid, counselling and assistance for the child the and the child’s parents for a period of six months. [ 3 ] M e Ayoub on behalf of the father admits some of the alleged facts, ignores others.

The father agrees with the recommendations proposed. [ 4 ] The mother admits some of the alleged facts, ignores others. She agrees with the recommendations proposed. [ 5 ] On behalf of the child, M e Wylde agrees with the recommendations. [ 6 ] The evidence reveals the following facts. [ 7 ] The child is two years old. Since the last judgment, she remained under the care of the mother and is doing well. [ 8 ] The mother lives at the maternal great-aunt’s home.

The mother testified that the father stays with her since October 2022. [ 9 ] The Youth Protection worker testified that she was not aware that the father was living with the mother and the child. [ 10 ] The mother attended a land base program and retreat with the child for a period of four weeks that ended on October 27 th , 2022. In December 2022 she went to a bar and returned home intoxicated.

The situation of the child was reported to the Director of Youth Protection on the same day. [ 11 ] When the worker arrived at the home, the mother was asleep. [ 12 ] The Youth Protection have concerns with the fact that the mother relapsed. The intervention of Youth Protection is still needed to maintain the gains made. [ 13 ] The child is still very young, and he needs caregivers to answer his needs as toddlers, he needs guidance to learn to talk and to explore. The child also needs to be registered at daycare and follow daily routines.

The child needs to live in a safe home environment and to have a stable caregiver as he is highly vulnerable. [ 14 ] The mother needs to consider attending a relapse program and work on her personal issues through a possible intense therapy. [ 15 ] The father admits he is still consuming and that the parents are in a hostile and unstable relationship. [ 16 ] The father told the worker that he will continue his counselling session with his community worker and would be interested to be referred to the therapist Vanish Wendigo for counselling sessions. [ 17 ] The father also admits that he needs to attend a therapy for his personal and substance abuse. [ 18 ] Questioned by M e Ayoub, the worker clearly told the Court that she has not concerns that the father lives with the mother even though she was not aware of it.

She hasn’t received any report since the parents live together and the father expressed being willing to take necessary means to address his anger issues and alcohol and substance abuse. [ 19 ] The worker also testified that the mother is protective of her child. [ 20 ] Given the whole evidence, the child’s needs, his vulnerability, the mother’s capacity to protect the child, the Court concludes that the recommendations are in the interest of the child. Nevertheless, the Director of Youth Protection should closely monitor the situation and should perform unannounced visits at regular intervals.

The mother should report herself at the Director of Youth Protection at least every second week. [ 21 ] Given that all parties agree with these recommendations, the Court concludes that it is in the interest of the child to be remained under the mother’s care. THEREFORE, THE COURT : [ 22 ] GRANTS the Application; [ 23 ] REVISES the decision rendered on August 19 th , 2022; [ 24 ] DECLARES that the security and development of X, born on [...], 2021 are still endangered under

section 38 ( b ) (2) of the Youth Protection Act ;

[ 25 ] ORDERS that the child remain entrusted to the mother; [ 26 ] ORDERS that the Director of Youth Protection perform unannounced visits to the family home at regular intervals; [ 27 ] ORDERS that the parents remain sober in the presence of the child; [ 28 ] ORDERS the mother to report to the Director of Youth Protection at least every second week; [ 29 ] ORDERS the parents to take the necessary steps to register the child to a childcare center on full time basis and that the child attend regularly; [ 30 ] ORDERS the mother to receive counseling services from a therapist to address her issues; [ 31 ] ORDERS the mother to consider attending a relapse in the alcohol and drug abuse program; [ 32 ] RECOMMENDS the father to address his anger issues by attending anger management treatment program; [ 33 ] RECOMMENDS the father to register himself on the alcohol and substance abuse program; [ 34 ] AUTHORIZES the Director of Youth Protection to share and obtain information from service providers working with the child and the child’s parents; [ 35 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s parents for a period of six months ; [ 36 ] The whole, until November 1 st 2023. [ 37 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the parents M e Fanny Wylde Advocate for the child Date of hearing : May 1 st , 2023 Last exhibit: D-10