2023 QCCQ 8538, 2023 QCCQ 8538

Protection de la jeunesse — 232763 2023 QCCQ 8538 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000928-228 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2017 Child 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 A B Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act asking the Court to declare that the security and development of the child are endangered under

section 38 ( b ) (1) iii.-neglect on educational needs- of the Youth Protection Act. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster home for a period of six months and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of one year. [ 3 ] The mother is absent at the hearing. On her behalf M e Malo admits the essential of the alleged facts, she ignores some of them.

She agrees with the recommendations proposed. [ 4 ] The father is absent. [Social Worker 1], Youth Protection worker testified that she’s been unable to serve the father given that she has no coordinates for him. She received no communication from the father, and he is not present in the life of the child.

All parties agree to proceed in the absence of the father. [ 5 ] M e Massé on behalf of the child, given the position of the mother agrees to the recommendations. [ 6 ] The evidence reveals the following facts. [ 7 ] The child was the subject of a judgment of the Court of Quebec, Youth Division, due to issues of neglect and conjugal violence by the parents and their substance abuse issues.

The measures ordered previously ended in October 2019. [ 8 ] On October 21 st , 2022, the situation of the child was reported to the Director of Youth Protection. [ 9 ] The maternal aunt of the child called the social emergency as she was to baby-sit the child overnight of October 30 th , 2022. [ 10 ] The mother had not returned and the maternal aunt did not know where she was. The maternal aunt could not keep the child with her. Immediate protective measures were invoked, and the child was entrusted to a foster home where she remains at the present time.

The mother was nowhere to be found and it was impossible to have any communication with her. The mother has not contacted the Youth Protection worker nor any family members to enquire about the situation of the child. [ 11 ] The father would be mentally unstable with no stable address and would be on the street in Town B. [ 12 ] The parents have an history of drug and alcohol abuse. [ 13 ] [Social Worker 1], Youth Protection worker, analysis the situation in the following terms [2] : Due to the parent's not having any contact with the DYP since X was placed, child cannot be returned to either of her parents.

Both parent's need to get in contact with DYP and inform of their intentions for the child. Although, the mother has gotten in touch with the DYP in the last days. She will need to remain consistent in her contacts and updates of her situation in the next coming months. [ 14 ] Given the whole evidence, the mother’s position, her consent to the measures, the absence of both parents in the life of the child, the Court comes to the conclusion that the application is well founded in facts and in law and the recommendations proposed are in the interest of the child.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X born on [...], 2017, are endangered under

section 38 ( b ) (1) iii. -neglect on educational needs- of the Youth Protection Act ; [ 17 ] ORDERS that the child remain in a foster home for a period of six (6) months ; [ 18 ] ORDERS that the frequency and modality of contacts between the child and parents be determined by the Director of Youth Protection, with supervision; [ 19 ] RECOMMENDS that the parents attend and complete an alcohol/drug treatment program; [ 20 ] ORDERS that the parents colla borate with the Youth Protection Worker and meet the worker upon request; and inform of their coordinates; [ 21 ] AUTHORIZES the Director of Youth Protection to obtain and share information with the service providers working with the child and parents; [ 22 ] ORDERS that the Director of Youth Protection provide aid, counsel and assistance to the child and the parents for a period of one (1) year. [ 23 ] The whole until January 12 th , 2024. [ 24 ] ENTRUSTS the situation of the child 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, non represented M e Nathalie Malo Attorney for the mother M e Yan Massé Advocate for the child Dates of hearing : January 12 th , 2023 Last exhibit: D-4