2023 QCCQ 8511, 2023 QCCQ 8511

Protection de la jeunesse — 232716 2023 QCCQ 8511 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000774-218 614-41-000775-215 614-41-000772-212 614-41-000773-210 614-41-000776-213 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Y Born on [...], 2019 Z Born on [...], 2017 A Born on [...], 2015 B born on [...], 2014 Children

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 C D Parents . 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 May 26 th , 2022, entrusting the children to a foster home for a period of six months along with several assistance measures including aid, counselling and assistance to the children and the children’s family for a period of one year. [ 3 ] The Director asks the Court to order that the children be entrusted to the mother and father and to order several assistance measures aiming at supporting the parents to address their issues and to protect the children along with assistance measures including aid, counselling and assistance for a period of twelve months. [ 4 ] The mother is present at the hearing.

She is represented by M e Massé. [ 5 ] The father is absent. He is currently in therapy at Town B. [ 6 ] The children are represented by M e Marie-Josée Ayoub. [ 7 ] The mother admits most of the alleged facts. She agrees with the recommendations proposed. [ 8 ] M e Roc-Forgues on behalf of the father has been unable to speak with him. She only told the Court that he is currently in treatment. [ 9 ] M e Ayoub on behalf of the children since the mother agrees with the recommendations, she also agrees. [ 10 ] The evidence reveals the following facts. The children are at the foster home of the maternal grandparents.

They are reported doing well. [ 11 ] The parents resumed their relationship. They had regular visits with the children and no issues were reported during the visits except for the parents still fighting. The mother denies this fact. [ 12 ] The parents declare being sober since May 2022 and they both declare participating in services offered by Centre A. [ 13 ] The parents’ house has been fixed. The father is currently at Centre B.

The mother is on a standby list. [ 14 ] When the father will come back from his treatment, the mother will be available to go to Centre B. [ 15 ] The family situation has improved to the point that the Director recommends that the children be entrusted to the mother and father. [ 16 ] [Social Worker 1] in her report [2] analysis the situation in the following terms: In the past the parents have struggled with alcohol and drugs, in the past months since spring 2022 the parent's situation has improved. They are seeking help they need for their personal issues, also relating to drugs and alcohol issues.

The mother expressed that she was

happy to have her children entrusted back in her care since the Hearing of emergency on January 9, 2023. DYP needs to still follow up with the family, to check on the family from time to time. The family will be moving into their home together with the children. [ 17 ] The goals and objectives of the intervention are the following [3] : The goal is to have the children live in a good stability home, where it is alcohol and drug free. The parents to ensure that the children are not exposed to drugs and alcohol or drugs. The parents to continue heading in the right path of sobriety for the sake of the children.

The parents to continue engaging in programs and workshops from Centre A and counselling services for their well-beings. [ 18 ] Given the whole evidence, the commitment of the parents to engage in treatment to address their issues, their collaboration with Youth Protection worker, the Court concludes that the recommendations are in the interest of the children.

THEREFORE, THE COURT : [ 19 ] GRANTS the Applications; [ 20 ] REVISES the decision rendered on May 26 th , 2022; [ 21 ] DECLARES that the security and development of B born on [...], 2014, Z born on [...], 2017, Y born on [...], 2019, A born on [...], 2015 and X born on [...], 2020 are still endangered under sections 38 ( b ) (1) iii and ( b ) (2) of the Youth Protection Act .; [ 22 ] ORDERS that the children be entrusted to the mother and father; [ 23 ] ORDERS the parents to continue to engage in services and workshops at Centre A, Ressource A, etc.; [ 24 ] ORDERS that the parents be sober in the presence of the children at all times; [ 25 ] ORDERS that the children not to be exposed to anyone under the influence of alcohol or drugs; [ 26 ] ORDERS that the parents collaborate with the Director of Youth Protection as required; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family; [ 28 ] ORDERS that aid, counseling, and assistance for the period of one year, until March 14 th , 2024; [ 29 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 30 ] The whole, until March 14 th , 2024. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Yan Massé Attorney for the mother M e Andréa Roc-Forgues Attorney for the father M e Marie-Josée Ayoub Advocate for the children

Dates of hearing : March 14 th , 2023 Last exhibit: D-7 for Z, X, Y, B, D-8 for A