2022 QCCQ 9012, 2022 QCCQ 9012

Protection de la jeunesse — 224877 2022 QCCQ 9012 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 640-41-002643-218 640-41-002641-212 640-41-002642-210 DATE : MAY 19 th , 2022 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X , born on [...], 2019 Y , born on [...], 2016 Z , born on [...], 2014 Children and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...], Applicant and A , Mother .

JUDGMENT Articles 95 (par. 1) and 75 and - Youth Protection Act [ 1 ] To 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 28 th , 2021 entrusting the children to the maternal grandmother, Ms.

B, ordering that the children be gradually reintegrated under the mother’s care as soon as the situation allows it and ordering several assistance measures including aid, counselling and assistance to the children, the mother and the grandparents until May 31 st , 2022.

[ 3 ] Today, the Director asks the Court to declare that the security and development of the children are still endangered, order that the children remain with their mother and order several assistance measures including aid, counselling and assistance to the children and the children’s family until November 30 th , 2022. [ 4 ] The parties inform the Court that prior to the hearing an agreement occurred among the parties.

The agreement has been confirmed at the hearing by the parties. [ 5 ] The parties gave their consent in a full and enlightened manner. [ 6 ] The parties recognize that security and development of the children are still endangered under section: -38 b ) 1 o ii.- neglect in terms of health needs (maternal environment failure to give the children the care required for his physical needs); -38 b) 1 o iii. - neglect in terms of educational needs (poor childcare (ill-advised choices) in the maternal environment and poor supervision of the children in the maternal environment). [ 7 ] The mother and M e Neptune on behalf of the children admit the following facts. [ 8 ] Since the last court hearing, the situation of the mother stabilized. [ 9 ] The mother was able to reduce her alcohol consumption and to ask for help when she wanted to drink. [ 10 ] The mother stated being sober since her father passed away in November 2021. [ 11 ] Since the last court hearing, the children remained under the care of the maternal grandmother, until the end of April 2022. [ 12 ] The mother had daily contacts with the children as she was helping the maternal grandmother with the children’s routine. [ 13 ] On April 20, 2022, the children was reintegrated under the care of the mother. [ 14 ] The maternal grandmother is currently the mother’s main safety net. [ 15 ] The mother is planning to move to another community with the children. [ 16 ] The Youth Protection still needs to support the mother to ensure that the reintegration is a success. [ 17 ] The parties agree to the application of the following measures and understand that these measures will be ratified by the court which will order their execution in a judgment that they will have to respect: [ 18 ] That the children remain with the mother. [ 19 ] That the mother report periodically to the director on the measures she applies in her own regard or in her children’s regard to put an end to the situation in which the security or development of the children are in danger. [ 20 ] That the children and the mother take an active

part in the application of any of the measures ordered by the tribunal. [ 21 ] That a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family. [ 22 ] That the situation of the children be entrusted to the Director of Youth Protection Youth Protection A who shall then see that the measures are carried out. [ 23 ] The whole until November 30 th , 2022 . [ 24 ] The Court has read the agreement before the hearing and concludes from the whole evidence that the agreement is in the best interest of the children and respects their rights.

THEREFORE AND FOR THESE REASONS: [ 25 ] CONFIRMS and DECLARES enforceable the agreement signed by the parties; [ 26 ] GRANTS the application and declares that the security and development of the children are still endangered under

section 38 b ) 1 o ii.- neglect in terms of health needs and 38 b ) 1 o iii,- neglect in terms of educational needs of the Youth Protection Act ; [ 27 ] ORDERS that the children remain with the mother; [ 28 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she apply in her own regards or in her children’s regards to put an end to the situation in which the security and development of the children are endangered; [ 29 ] ORDERS that the children and the mother take an active

part in the application of the measures ordered by the Court; [ 30 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family;

[ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 32 ] The whole until November 30 th , 2022 . ___________________________________ LUCIE GODIN, J.C.Q. M e Justine Carli Attorney for the Director of Youth Protection M e Angèle Tommasel Attorney for the mother M e Cassandra Neptune Advocate for the children Dates of hearing : May 19 th , 2022 Lasts exhibits: D-6, D-7, D-8 for X D-7, D-8, D-9 for Y and Z