2023 QCCQ 8484, 2023 QCCQ 8484

Protection de la jeunesse — 232689 2023 QCCQ 8484 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000234-171 614-41-000231-177 DATE : JANUARY 11 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...] 2012 Y 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 A B Parents . JUDGMENT

Article 91 al. 1 - 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.

[ 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 October 26 th , 2017, entrusting X to a foster home until his age of majority and in the situation of Y a review of the decision rendered on June 19 th , 2018, entrusting the child to a foster home until the age of majority and ordering several assistance measures including aid, counselling and assistance until the age of majority for both of them. [ 3 ] The Director asks the Court to order that the children be entrusted to a foster home for a period of one year and to order several assistance measures for the same period of time. [ 4 ] M e Ayoub on behalf of the mother admits the essential of the alleged facts, ignores some of them and denies some of them. [ 5 ] M e Malo on behalf of the father admits most of the alleged facts, denies some of them. [ 6 ] Both parents agree with the recommendations proposed.

Although the father asks the Court to recommend instead of to order some assistance measures.

The Court will take into consideration this request in the analysis of the whole evidence. [ 7 ] Having heard the whole evidence, M e Massé on behalf of the children and since both parents agree with the recommendations, he also agrees to the plan presented by the Applicant in the situation of X and Y. [ 8 ] The evidence reveals the following facts. [ 9 ] Since the last judgment, X and Y remained in the same foster home where they were entrusted until the age of majority. [ 10 ] On August 1 st , 2022, the situation of the children was reported to the Director of Youth Protection Youth Protection regarding the foster mother being Medivaced to Montreal due to serious health issues.

The foster mother was in coma but came out of it later on. [ 11 ] On August 1 st , X was temporally entrusted to the father’s care and Y to a foster home. [ 12 ] Following that event, the Youth Protection worker was informed that the foster mother was using intoxicated substances while the children were under her care.

It was confirmed by the children during the meeting with the Youth Protection worker. [ 13 ] On August 12 th , the father was informed that the foster home department decided to close the previous foster home. [ 14 ] Previously to this incident, in November 2021, the Youth Protection received information that the foster mother was drinking while in the presence of the children.

The children were then removed from the foster mother’s care for a period of 30 days. [ 15 ] It appears from the evidence that the capacity of the foster mother to care for the children and to permit them to live in an environment free of alcohol was very questionable. [ 16 ] In this context, the father was present for his children.

Sometimes taking decision without the authorization of the Youth Protection worker creating confusion for the children. [ 17 ] It appears from the evidence as written in the report filed as exhibit D-13 [2] : The children are suffering from the addictions from the parents with alcoholism and drugs. The children also suffered from abandonment from both parents, their needs weren't met. Specially during their birthdays, they both shared that ail they wanted it was their parents to be there present.

The children are also impacted by the separation from the parents, recently the children asked for Christmas holidays and split time so their parents don't start an argument. [ 18 ] But the evidence also reveals that the children are suffering from the addiction of their former foster family. [ 19 ] They have expressed their wish and desire to live with their grandmother C for ever. [ 20 ] [Social Worker 1] in a report (D-13) describes the foster family of C with regards to her capacity to answer the children’s needs in the following terms : The foster home of the children is C.

She is a recognized foster home for so many years. The foster parent appears to have some regular contacts with the father. The foster parent provides the snacks for the boys when they go for a visit with their father as she explains to the case worker she wants to the children to still have time with their father and if she can help, she would do it for the boys. The foster parent is not closed to the mother. The foster parent is the mother of the previous foster parent D. The foster parent has a very close relationship with both boys. She takes care of them like her own.

The foster parent considers them as her own. The foster parent is attentive to their needs and she is the one that maintains their daily routine and communicates with them every day. The children speak highly of their grand ma C. The foster parent reacted to some of the decisions that were made by DYP as she was not in agreement. The foster parent would take over whenever there were situations with the previous foster parents which is her daughter. However, the foster parent was not aware of ail the information the case worker had such as the father reporting her daughter D and E.

The father asking the case worker for his children and for him to have ail access to his children.

And for them to remain in his care and no more foster homes. [ 21 ] The plan is obviously that the children remain entrusted to the foster home of C but the Director needs time to assess the whole situation and namely to ensure that the children’s needs are well answered. [ 22 ] Given the whole evidence, the position of the parents, their agreement to the measures, the orientation and the plan to entrust the children as a permanent plan, the Court concludes that the recommendations are in the interest of the children.

THEREFORE, THE COURT: [ 23 ] GRANTS the applications; [ 24 ] REVISES the decision rendered on October 26 th , 2017 in the case of X ; [ 25 ] REVISES the decision rendered on June 19 th , 2018 in the case of Y; [ 26 ] DECLARES that the security and development of Y born on [...], 2009, and X born on [...], 2012, are still endangered under

section 38 ( b ) (1) iii. and 38 (b) (2) of the Youth Protection Act ; [ 27 ] ORDERS that the children be entrusted in a foster home for a period of one (1) year; [ 28 ] ORDERS that frequency and modality of contacts between the children and the father be determined by the Director of Youth Protection; [ 29 ] ORDERS that frequency and modality of contacts between the children and mother be determined by the Director of Youth Protection, with supervision until deemed necessary; [ 30 ] RECOMMENDS that the father engage in counseling with his children for the unresolved issues; [ 31 ] ORDERS that the parents seek help for their own personal issues; [ 32 ] RECOMMENDS the parents to actively engage in a treatment program for their substance abuse issues; [ 33 ] ORDERS that the parents remain sober in the presence of the children; [ 34 ] ORDERS the parents to fully collaborate with the Director of Youth Protection, meet the worker upon a request; [ 35 ] AUTHORIZES the Director of Youth Protection to obtain and share information with other service providers working with the children and the children’s family; [ 36 ] ORDERS aid, counselling and assistance be provided to the children and the children’s family; [ 37 ] The whole for a period of one (1) year, until January 11 th , 2024 . [ 38 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 39 ] ORDERS the execution of the present order by any peace officer. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdelena Lempicka Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the father M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the children

Dates of hearing : January 11 th , 2023 Last exhibit: D-13