2023 QCCQ 8501, 2023 QCCQ 8501

Protection de la jeunesse — 232706 2023 QCCQ 8501 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000669-210 DATE : JANUARY 9 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2009 Child 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 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on December 1 st , 2021, ordering that the child be maintained with her parents along with supporting measures including aid, counselling and assistance to the child and the child’s family for a period of one year. [ 2 ] The Director asks the Court to order that the child remain under the care of her parents A and B and to order several assistance measures including aid, counselling and assistance for a period of twelve months. [ 3 ] M e Ayoub on behalf of the parents admits the essential of the alleged facts.

The parents ignore and deny some of them. They both agree with the recommendations proposed.

[ 4 ] The parents inform the Court that they will start a treatment program on February 27 th , at family treatment Center A for a period of six weeks. [ 5 ] M e Massé on behalf of the child admits most of the alleged facts, denies one of them and ignores others. The child agrees with the recommendations. [ 6 ] The evidence reveals the following facts. [ 7 ] The child lives with her parents. She was seen intoxicated once during the summer. She did not seek any services for her personal and consumption issues. M e Massé on her behalf told the Court that she is currently on a waiting list.

She is doing well in school. [ 8 ] The parents continued to drink after the judgement rendered on December 1 st , 2021. Following a red flag the Youth Protection workers found the parents intoxicated with friends in the basement of the house.

The parents drunk outside the house and they were back in the house while intoxicated. [ 9 ] Since the last judgment, the Youth Protection worker intervened at least three times on that matter. [ 10 ] Despite the fact that the parents consider that the Director of Youth Protection’s intervention is no longer necessary, they agree to collaborate with Youth Protection. [ 11 ] The Youth Protection submits that due to the long-standing issues of the parents and the youth, the intervention of Youth Protection is still necessary. [ 12 ] [Social Worker 1], Youth Protection worker in her report dated December 21 st , 2022 [2] , analyses the situation in the following terms: DYP's presence is still recommended now that the parents have relapsed and resumed their old lifestyle.

DYP needs to continue conducting unannounced Red Flags at the parents' home to ensure it remains a safe environment for the children. The youth's behavior in school needs to be followed up on a monthly basis and provide support services for the youth so that she knows there are resources available for her. [ 13 ] The goals and objectives of Youth Protection intervention are the following: Goal is to ensure that the parents continue to attend support services for their alcohol and drug use, to attend the family treatment program in Town B, Ontario with their children.

This will be beneficial for them as it hasn't only been them that are having issues, it is their children too. Parents to attend informative workshops where the effects of drugs and alcohol are being taught. It would be important that the parents know the effects of these drugs considering that they are in the middle age.

DYP also wants the parents to collaborate with the school and with ail of the support services that are being used for their children. [ 14 ] Given the whole evidence, the admissions made by the parents and the youth, their consent to the measures, the right of the youth to live in a family environment free of alcohol consumption, the parents commitment to engage in a family treatment for six weeks, the Court concludes that the recommendations are in the interest of the youth.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] REVISES the order rendered on December 1 st , 2021; [ 17 ] DECLARES that the security and development of X, born on [...], 2009 are still endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the child remain under the care of her parents A and B; [ 19 ] ORDERS that the parents ensure that their child is attending school regularly, absences to be justified and to collaborate with the school for their daughter; [ 20 ] ORDERS the parent to attend a family treatment program with their children as soon as possible; [ 21 ] TAKES JUDICIAL NOTICE that the parents will start such a program on February 27 th , 2023; [ 22 ] ORDERS the parents to engage in an aftercare program after the completion of the treatment program; [ 23 ] ORDERS the parents to continue to actively engage in NNADAP services, Center A, Organisation A, or any other programs that would benefit the parents; [ 24 ] ORDERS the parents not to expose the child to anyone under the influence of alcohol and drugs or any form of violence; [ 25 ] ORDERS the parents to collaborate with the Director of Youth Protection worker and go to the office upon the Director of Youth Protection worker's request; [ 26 ] ORDERS that aid, counselling and assistance be provided to the youth and the family for a period of one year;

[ 27 ] The whole, until January 9 th , 2024 ; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present decision. ___________________________________ LUCIE GODIN, J.C.Q. M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the parents M e Yan Massé Advocate for the child Dates of hearing : January 9 th , 2023 Last exhibit: D-7