2023 QCCQ 8537, 2023 QCCQ 8537

Protection de la jeunesse — 232762 2023 QCCQ 8537 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000915-225 614-41-000913-220 614-41-000914-228 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2022 Y Born on [...], 2018 Z Born on [...], 2016 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 father of Z and Y Undeclared father for X Parents . JUDGMENT Articles 38, 38.1 - Youth Protection Act [ 1 ] At 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 under

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

section 38 ( b ) (1) ii., 38 ( b ) (1) iii. and 38 ( d ) (2). [ 3 ] The Director asks the Court to order that the children remain entrusted to the foster home of the maternal grandmother C for a period of six months and to order several assistance measures including aid, counselling and assistance for the children and the children’s family for a period of one year, until January 12 th , 2024. [ 4 ] M e Malo on behalf of the father who is absent at the hearing admits some of the alleged facts, ignores and denies others.

The father agrees with the recommended proposed. [ 5 ] M e Fleury on behalf of the mother who is absent at the hearing admits the essential of the alleged facts, denies and ignores others. The mother agrees to the recommendations proposed. [ 6 ] M e Massé on behalf of the children after having heard the whole evidence, and given the position of the parents, agrees with the recommendations proposed. [ 7 ] The evidence reveals the following facts. [ 8 ] Z is 6 years old, Y is 4 years old and X is 7 months old. [ 9 ] On September 22 nd , 2022, the Youth Protection received a report and the workers went to the home.

The mother was intoxicated but was not at home. The mother’s brother was asleep, and Z was in the home. Y and X were at the daycare. The father was arrested and taken to jail on a charge of sexual assault on the mother’s 10 years old minor sister. The children were removed from the home and entrusted to the maternal grandmother. [ 10 ] The home was very messy and dirty. There was food and garbage, laundry all over the place and on the stairs.

There were many holes in the walls. [ 11 ] The situation of the children had been reported to the Youth Protection with regards of issues of drinking, the father being violent with the mother and the father being convicted for sexual assault on a minor. [ 12 ] The mother was to come to the Youth Protection office to discuss her situation on September 22 nd , but she was still intoxicated. She finally met with the worker on September 27 th , but she was not collaborative. [ 13 ] The father would have been released from prison but his whereabouts are unknown.

[ 14 ] The mother is currently at Centre A for a six weeks treatment program. The mother has to improve her collaboration with Youth Protection. The father has not reached out the Youth Protection worker. [ 15 ] The parents have a history of conjugal violence and the children cannot be exposed to any of the risk. [ 16 ] The children are talkative and active. The have shown reactions to the issues they have been exposed. The worker submits that Y will need some psychological support. The children are young and vulnerable.

They should not be exposed to any of the risk involved in the family situation. [ 17 ] Given the whole evidence, the position of the parents, their consent to the measures, the fact that the children have a strong bound with the maternal grandmother, the Court concludes that the recommendations are in the interest of the child. THEREFORE, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] DECLARES that the security and development of Z born on [...], 2016, Y born on [...] 2018 and X born on [...], 2022 are endangered under

section 38 ( b ) (1) ii. iii. and 38 (d) (2) of the Youth Protection Act ; [ 20 ] ORDERS that the children remain in the foster home of the maternal grandmother, C for a period of six (6) months; [ 21 ] ORDERS that the frequency and modality of contacts between the children and parents be determined by the Director of Youth Protection, with supervision; [ 22 ] ORDERS that the parents to take active steps to attend and complete a treatment program; [ 23 ] ORDERS that the parents ensure that the children are not exposed to any violence at all times; [ 24 ] ORDERS that the parents ensure that the children are not exposed to anyone that is under any intoxicating substances at all times; [ 25 ] ORDERS that the parents collaborate with the Youth Protection Worker and meets the worker upon requests; [ 26 ] ORDERS that the parents advise the Director of Youth Protection of any changes in address and/or coordinates; [ 27 ] AUTHORIZES to obtain and share information with service providers working with the family; [ 28 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the children and the family for a period of one (1) year ; [ 29 ] The whole , until January 12 th , 2024. [ 30 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 31 ] ORDERS the execution of the present order by any peace officer. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the father M e Serge Fleury Attorney for the mother M e Yan Massé Advocate for the children Dates of hearing : January 12 th , 2023 Last exhibit: D-5