2023 QCCQ 8544, 2023 QCCQ 8544

Protection de la jeunesse — 232769 2023 QCCQ 8544 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000961-237 DATE : APRIL 6 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2022 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 Mother, Undeclared father. JUDGMENT

Article 38 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act asking the Court to declare that security and development of the child are endangered under

section 38 ( b ) (2). [ 2 ] The Director asks the Court to order that the child be entrusted to the mother and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of six months. [ 3 ] M e Neptune on behalf of the mother admits the essential of the alleged facts that the mother is aware of. She denies some of them.

The mother agrees with the proposed measures. [ 4 ] M e Massé on behalf of the child given the consent of the mother agrees with the recommendations proposed. [ 5 ] The evidence reveals the following facts. [ 6 ] The child is eleven months old. [ 7 ] On February 22 nd , 2023, the situation of the child was reported to the Director of Youth Protection regarding the mother drinking in the presence of the child.

It is not the first time that the Director receives reports that the mother drinks in the presence of the child. [ 8 ] The youth protection had to ask the police assistance to open the door of the mother’s house. The youth protection worker found the child in the house and the mother was intoxicated drinking with friends. [ 9 ] The state of the house was filthy. [ 10 ] On the same day, immediate protective measures were invoked, and the child was entrusted to a foster home. The mother was cooperative with the Youth Protection worker. She was asked to report to the youth protection worker once she sobers up.

The mother recognizes that she required about the child only five days later, on February 27 th . [ 11 ] The mother recognizes that she is not able to care for the child. [ 12 ] The evidence reveals that the mother has been known to drink. When she goes drinking her choice of babysitters leave the Director concerned. [ 13 ] Given the whole evidence, the admission made by the mother, the Court concludes that security and the development of the child are endangered under

section 38 ( b ) (2) of the Youth Protection Act. MEASURES [ 14 ] The child is very young and vulnerable. [Social Worker 1] youth protection worker and [Social Worker 2] team leader, in a report dated March 30 th , 2023 [2] analyze the situation on the following terms: Since the child has been placed under Youth Protection, the mother A has demonstrated consistency and determination to make better decisions and seek help. She has continued to improve with her own well-being by receiving counseling and completing a Women’s Healing Retreat during this time.

In addition, she has been doing check-ins via phone at Youth Protection weekly to show her progress and updates. Finally, she continues to meet her

schedule visits without any issues and making herself available outside the

schedule to attend for her son’s needs. [ 15 ] Due to the positive changes, the mother’s agreement to continue counselling at the local clinic with her current community worker and to participate in healing workshop in the community, her commitment to bring her son to daycare, the consent of Me Massé on behalf of the child, the Director submits that it is in the interest of the child to be entrusted to the mother. [ 16 ] Given the whole evidence, the consent of the mother, her commitment to continue to take necessary steps to address her issues, the Court conclude that the proposed recommendations are in the interest of the child. THEREFORE, THE COURT : [ 17 ] GRANTS the Application;

[ 18 ] DECLARES that the security and development of X born on [...], 2022 are endangered under

section 38 ( b) ( 2) of the Youth Protection Act ; [ 19 ] ORDERS that the child be entrusted to the care of mother; [ 20 ] ORDERS that the mother to continue to seek help for her personal issues; [ 21 ] ORDERS that the mother to ensure that her child will not be exposed to or have anyone under any intoxicating substances in the presence of the child at all times; [ 22 ] ORDERS that the mother remains sober in the presence of the child at all times; [ 23 ] ORDERS that the mother has reliable babysitters at all times when needed; [ 24 ] ORDERS that the mother to continue to be collaborative with the Director and meet with the worker when requested to do so; [ 25 ] AUTHORIZES the Director to share and exchange information with service providers working with the child and the child’s family; [ 26 ] ORDERS that aid counsel and assistance be provided to the child and the child’s family for a period of six months ; [ 27 ] The whole until October 6 th , 2023; [ 28 ] 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 Adélia Ferreira Attorney for the Director of Youth Protection M e Cassandra Neptune Attorney for the mother M e Yan Massé Advocate for the child Date of hearing : April 6 th , 2023 Last exhibit: D-3