2023 QCCQ 8543, 2023 QCCQ 8543

Protection de la jeunesse — 232768 2023 QCCQ 8543 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000960-239 614-41-000959-231 DATE : APRIL 6 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Y Born on [...], 2019 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 A B , Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ]

JG1314 At the request and with the 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 under

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

section 38 ( b ) (1) i., 38 ( b ) (1) iii, 38 ( b ) (2) and 38 ( e ) (1) of the Act. [ 3 ] The Director asks the Court to order that the children be entrusted to a foster home for a period of nine months and to order several assistance measures including aid, counselling and assistance to the children and the children’s parents for a period of one year. [ 4 ] M e Massé on behalf of the mother admits most of the alleged facts. The mother nuances some of them, agrees with all the recommendations proposed.

She is aware that she has work to do to address her issues and will do it in a short delay. [ 5 ] M e Ayoub on behalf of the father admits most of the alleged facts, denies some of them. With regards to the recommendations the father admits that at the present time none of the parents can care for the children.

The father wishes to collaborate with Youth Protection and to take all necessary means to address his issues. [ 6 ] After having heard the whole evidence, M e Roc-Forgues on behalf of the children agrees with the recommendations proposed. [ 7 ] The evidence reveals the following facts. [ 8 ] Y is 3 years old and X is 2 years old. [ 9 ] The father is in and out of detention.

He is currently at the treatment Centre A and he will stay there until July 2023. [ 10 ] At the time the application was signed the mother had no stable home but mostly lives with the maternal grandmother. [ 11 ] On February 17 th , 2023, the situation of the children was reported to the Director of Youth Protection regarding the mother leaving the children without prior proper arrangements being made. [ 12 ] Even though the mother voices that she usually takes the necessary arrangements it happened in the past that she left the children without proper supervision or without planning for the children to be kept while she was absent. [ 13 ] It was also reported to the Director that the mother is frequently high on marijuana, that she smokes often during the day and when not high on marijuana, the mother is being aggressive towards the children, raising her voice and being rough with them. [ 14 ] On February 17 th , 2023, immediate protective measures were invoked, and the children were entrusted to the maternal grandmother. [ 15 ] At the time of the drafting of the application, February 22 nd , the mother has not inquired about the children since the were entrusted to the maternal grandmother. [ 16 ] The mother was then nowhere to be found in the community.

The youth protection worker tried to contact the mother. [ 17 ] Given the whole evidence, the fact that the children were exposed to substance use by both parents which can lead to abandonment that they have been exposed to domestic violence between the parents, that the oldest child disclosed physical abuse by their mother and finally that both parents failed to provide permanent lodging for their children, the Court concludes that the security and development of the children are endangered under

section 38 ( b ) (1) i., 38 ( b ) (1) iii., 38 ( b ) (2) and 38 ( e ) (1). THE MEASURES [ 18 ] [Social Worker 1], Youth Protection worker, in her report dated March 14 th , 2023, analyses the situation in the following term [2] s: The parent's issues with alcohol and drug use can lead to the lack of responsibility to their children's needs of safety and security. The quantity is unknown of the parents' consumption though it is still a risk if the children are being left while they're asleep; this could have left the children at risk for danger.

Mother also still needs to stabilize herself as she failed to provide a secure environment for her children. Both children cannot continue to be exposed to violence and abuse. Both children need stability and structure and a safe environment. Conjugal violence between the parents is also a major issue.

[ 19 ] The mother has issues with alcohol and marijuana and dealing with past traumas with her own parents and growing up in an unstable home. [ 20 ] The Youth Protection recommends that the mother receives psychological treatment and underlines that she also needs to take active steps to attend a drug and alcohol treatment program. [ 21 ] M e Massé on behalf of the mother expressed that the mother is ready to take these steps without any delay. [ 22 ] The involvement of the father in children’s life is unknown. He has been repeatedly incarcerated.

He wants to be more involved with the children and to collaborate with Youth Protection. He receives therapy session while he is in treatment. [ 23 ] Given the whole evidence, the age of the children, their vulnerability, their need to live in a safety and secure environment without any drug or alcohol consumption, the consent of the parents to the measure, their intention to collaborate with the Director and to take all necessary means to address their issues, the Court concludes that the recommendations proposed are in the interest of the children.

THEREFORE, THE COURT : [ 24 ] GRANTS the applications; [ 25 ] DECLARES that the security and development of Y born on [...], 2019 and X born on [...], 2020 are endangered under

section 38 ( b ) (1) i., ( b ) (1) iii., ( b ) (2), and ( e ) (1) of the Youth Protection Act ; [ 26 ] ORDERS that the children be entrusted to a foster home for a period of nine months ; [ 27 ] ORDERS that the parents attend and complete a drug and alcohol treatment program; [ 28 ] ORDERS that the parents to remain sober in the presence of their children at all times; [ 29 ] ORDERS that the parents seek psychological support for their own personal and anger issues; [ 30 ] ORDERS the parents to ensure that the children are not being exposed to any form of violence; [ 31 ] ORDERS the parents to ensure that the children are not being exposed to any persons under the influence of alcohol or drugs at all times; [ 32 ] ORDERS that the frequency and modalities of contacts between the children and parents be determined by the Director of Youth Protection, and with supervision of a third-party if deemed necessary; [ 33 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request and advise the Director of Youth Protection of any changes in address and/or coordinates; [ 34 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all service providers working with the children and family; [ 35 ] ORDERS that aid, counsel, and assistance be provided to the family for a period of one year ; [ 36 ] The whole, until April 6 th , 2024. [ 37 ] ORDERS that any peace officer to collaborate in the execution of the present court order if requested by the Director of Youth Protection. [ 38 ] 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 M e Yan Massé Attorney for the mother M e Marie-Josée Ayoub Attorney for the father M e Andréa Roc-Forgues Advocate for the children Date of hearing : April 6 th , 2023 Last exhibit: D-3