2023 QCCQ 8500, 2023 QCCQ 8500

Protection de la jeunesse — 232705 2023 QCCQ 8500 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000652-208 614-41-000426-199 614-41-000428-195 614-41-000427-197 DATE : MARCH 13 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Y Born on [...], 2017 Z Born on [...], 2013 A Born on [...] , 2011 Children

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

Article 95 al. 1 - Youth Protection Act [ 1 ] At the request and with the consent of the 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 August 18 th , 2022, entrusting the children to a foster home for a period of six months along with supporting measures including aid, counselling and assistance to the children and the children’s family for a period of nine months. [ 3 ] The Director asks the Court to order that the children remain entrusted to a foster family for a period of six months and to order several assistance measures including aid, counselling and assistance for a period of twelve months, until March 13 th , 2024. [ 4 ] M e Massé on behalf of the mother admits the situation as alleged by the Applicant, ignores the father’s situation.

The mother agrees with the recommendations proposed. She recognizes that she needs to take steps to improve her situation and that at the present time she is not in a situation to resume care of the children. [ 5 ] The father has been duly served. He is absent at the hearing. All parties agree to proceed in the absence of the father. [ 6 ] M e Ayoub on behalf of the children, given the admissions made by the mother and her consent to the measures, she agrees with the recommendations proposed. [ 7 ] The evidence reveals the following facts.

Since the last judgment, the children remained in the foster home of the paternal grandparents. They are doing well under the care of the grandparents and there are no concerns reported. [ 8 ] The father continues to drink to the point of intoxication and he has not taken any steps to address his issues. [ 9 ] The mother underwent a 30 days treatment program for drugs and alcohol in October 2022. Since then, the mother has drunk a few times to the point of intoxication. She was to attend the treatment centre A but has done yet. She continues to smoke weeds regularly.

She recognizes that she still needs to work on her issues and maintain her sobriety. [ 10 ] [Social Worker 1] in her report dated January 23 rd , 2023, analyzes the situation in the following terms [2] : In the past the children have witnessed the parents being intoxicated, and the conjugal violence at the home. This has caused the children to have trauma from what they experienced. As the children get older it can cause behavior issues relating to what they see, hear at the home. The parents need to realize that this could affect the children as their growing up, the children look up to the parents.

Since then, the four children remained in the same foster home at the paternal grandparent's residence and is reported that everything is good at the placement. [ 11 ] The goals and objectives are the following [3] :

It is important for the children to have stability. The children are young and vulnerable, the goal is to have a safe living home environment. The mother to attend a treatment program and a relapse prevention program after the treatment is completed. The father as well to enter in a treatment program for his consumption use. [ 12 ] Given the whole evidence, the position expressed by the mother, her acknowledgment of the situation and her consent to the measures, the needs of the children, their needs for stability, the Court concludes that the recommendations proposed are in the interest of the children.

THEREFORE, THE COURT : [ 13 ] GRANTS the Applications; [ 14 ] REVISES the decision rendered on August 18 th , 2022; [ 15 ] DECLARES that the security and development of Y born on [...], 2017, A born on [...], 2011 and Z born on [...], 2013, are still endangered under

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

c) of the Youth Protection Act ; [ 16 ] DECLARES that the security and development of X born on [...], 2020 are still endangered under

section 38 ( b ) (2) of the Y.P.A.; [ 17 ] ORDERS that the children remain entrusted to a foster home for a period of six (6) months; [ 18 ] ORDERS that the frequency and modality of contact between the parents and the children be supervised by the Director of Youth Protection; [ 19 ] ORDERS that the parents attend a treatment program and relapse prevention program following the completion of a treatment program; [ 20 ] ORDERS that the parents engage in services to address their personal issues; [ 21 ] ORDERS that the parents ensure that the children are not exposed to any individual under the influence of alcohol or any form of violence; [ 22 ] ORDERS that the parents remain sober in the presence of the children during visits/sleepovers and red flags to be done; [ 23 ] ORDERS that aid, counseling and assistance to the children and the children’s family for the period of 12 months. [ 24 ] The whole until March 13 th , 2024. [ 25 ] 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 Adélia Ferreira Attorney for the Director of Youth Protection Father absent, not represented M e Yan Massé Attorney for the mother M e Marie-Josée Ayoub Advocate for the children

Dates of hearing : March 13 th , 2023 Last exhibit: D-15 for Y, A, Z- D-10 for X