2023 QCCQ 8494, 2023 QCCQ 8494

Protection de la jeunesse — 232699 2023 QCCQ 8494 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000523-193 614-41-000522-195 614-41-000521-197 614-41-000520-199 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2014 Y Born on [...], 2012 Z Born on [...], 2010 A Born on [...], 2009 Children

and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and B , Mother and C , Father JUDGMENT

Article 95 - Youth Protection Act [ 1 ] At the request and 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 March 14 th , 2022, entrusting the children to the mother along with supporting measures including aid, counselling and assistance for a period of six months. [ 3 ] The Director asks the Court to order that the children be entrusted to their mother at the exclusion of Mr.

D. [ 4 ] M e Ayoub on behalf of the father makes a general admission of the alleged facts. The father agrees to the recommendations. [ 5 ] M e Malo on behalf of the mother admits some facts, denies and ignores others. The mother agrees to the recommendations proposed but she wants Mr. D to be able to visit her. [ 6 ] She testified that she is in relationship with Mr. D but she does not live with him. [ 7 ] M e Massé on behalf of the children expressed that the oldest one clearly don’t want Mr. D to be part of the discipline they receive. They also asked that if Mr.

D visit their mother, that there be no alcohol or drug consumption or any form of violence whatsoever in their presence. [ 8 ] The mother understands and she agrees with what the children are asking. [ 9 ] The evidence reveals the following facts. [ 10 ] Since the last judgment, the children have been entrusted back to the mother and no issue were reported since then. [ 11 ] The parents agreed among themselves that Z and A will stay with the father. The two boys have remained with the father since the beginning of the summer.

It was agreed between the parents that they will follow the father and his family to North Bay for the beginning of the school year. [ 12 ] The father is sober. He wants to continue his studies at a college education in North Bay. He has three other children from his present union. He is unable to take the girls with him. [ 13 ] On August 24 th , the Youth Protection worker met with Y and X at school. When asked about the mother’s boyfriend, Mr. D, one of the children started crying. She refused to divulge information to the Youth Protection worker.

She said her mother would get angry at her if she would speak to the Youth Protection worker. [ 14 ] On August 25 th , the Youth Protection worker made an unannounced visit at the mother’s home. The mother then informs the Youth Protection worker that her boyfriend was incarcerated and at the same time the worker heard that someone was running down the stairs.

[ 15 ] It is unclear if Mr. D was living with the mother at the time or not. [ 16 ] The whole evidence did not permit to find where the truth is. Nevertheless, the Director asks the Court to order that the children be entrusted to the mother at the exclusion of Mr. D. The mother testified that she does not live with Mr. D and she agrees that Mr.

D doesn’t discipline at any time the children and that there is no alcohol or drug consumption in the presence of the children and no violence of any kind in their presence. [ 17 ] It has been explained by the undersigned to the mother that she must respect her children and this judgment aims to establish a clear framework for chidren to be respected and protected.

The mother must be frank with the Youth Protection workers, tell them the truth and be honest and respectful of her children. [ 18 ] The Court concludes from the whole evidence, the acknowledgment of the situation by the mother, her commitment to respect all the aspects of this judgment, the need of the children for stability that they have under their mother’s care, the Court concludes that the recommendations proposed are in the interest of the children.

THEREFORE, THE COURT: [ 19 ] GRANTS the applications; [ 20 ] REVISES the decision rendered on March 14 th , 2022; [ 21 ] DECLARES that the security and development of A born on [...], 2009, Z born on [...], 2010, Y born on [...], 2012 and X born on [...], 2014 are still endangered under

section 38 ( b ) (1) iii. and 38 (

c) of the Youth Protection Act ; [ 22 ] ENTRUSTS the children under the care of their mother, at the exclusion of Mr. D; [ 23 ] ORDERS the to parents receive services regarding their personal issues; [ 24 ] ORDERS the parents to take all necessary means in order that the children are not exposed to any alcohol or drug consumption in their presence; [ 25 ] ORDERS the parents to take all necessary means in order that the children are not exposed to any form of violence; [ 26 ] TAKES JUDICIAL NOTICE that the mother understands that the children have expressed clearly that they don’t want Mr.

D to be part of any kind of discipline towards them; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information from all service providers working with the family as to their progress and attendance; [ 28 ] ORDERS the parents to undertake an active

part in the application of the measures ordered by the court and designed to put an end to the situation of compromission; [ 29 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family; [ 30 ] The whole, for a period of six (6) months, until July 10 th , 2023 . [ 31 ] 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 Magdalena Lempicka Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the mother M e Marie-Josée Ayoub Attorney for the father M e Yan Massé Advocate for the children Date of hearing : January 10 th , 2023 Last exhibit: D-11