2023 QCCQ 8528, 2023 QCCQ 8528

Protection de la jeunesse — 232722 2023 QCCQ 8528 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000854-226 614-41-000853-228 614-41-000850-224 614-41-000855-223 614-41-000851-222 614-41-000852-220 614-41-000849-226 DATE : JANUARY 12 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X born on [...], 2021 Y born [...], 2018 Z born on [...], 2017 A born on [...], 2014 B born on [...], 2013 C born on [...], 2008 D born on [...], 2005 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 E F Parents . JUDGMENT

Article 95 - 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 for a review of the decision rendered on May 27 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 of Youth Protection asks the Court to order that the children remain entrusted to a foster family for a period of six months along with supporting measures including aid, counselling and assistance to the children and their family for a period of nine months. [ 4 ] M e Ayoub on behalf of the mother admits the situation as it has been alleged in the application.

The mother agrees with the recommendations proposed. M e Ayoub informs the Court that the mother is to start a treatment at Centre A on February 2023. She needs to go to a medical appoint before and she will do it. [ 5 ] M e Malo on behalf of the father admits some facts, denies and ignores others.

He agrees with the recommendations and the father is to leave for treatment soon. [ 6 ] The evidence reveals the following facts. [ 7 ] The children have been in stable foster home and are doing well in a structured environment. [ 8 ] The parents were able to maintain their sobriety during a certain period of time but during the weekend of November 19 th to November 20 th , 2022, the mother was intoxicated and was walking around the community. [ 9 ] On December 30 th , 2022, the children had to be returned to their foster home when the parents were found to be heavily intoxicated and verbally aggressive towards each other exposing the children to alcohol and conjugal violence. [ 10 ] The younger children visited regularly the parents including weekends with sleepover.

The oldest children still have trust issues with regards to the parents. They do not visit as often as stating and when they visit they have to be babysit through the whole visit. [ 11 ] They also expressed not trusting their parents not to drink. [ 12 ] Random home visits and red flags reported the house to be always messy. [ 13 ] The parents expressed being motivated to seek help for their personal and alcohol consumption issue.

Let’s hope that they will take the necessary means to achieve their goal, to complete treatment. [ 14 ] At the present time the parents are not in position to resume care of the children and to answer their needs.

[ 15 ] The children have a right and they deserve to live in a family environment free of alcohol and violence. [ 16 ] Given the whole evidence, the consent of the parents and the children as well, the Court concludes that the recommendations are in the interest of the children. THEREFORE, THE COURT: GRANTS the applications; [ 17 ] DECLARES that the security and development of the children is still endangered under

section 38 b ) (1) iii. , (b) (2), ( c ); [ 18 ] ORDERS that the children remain in foster family for a period of six (6) months and for D until her majority, [...], 2023 ; B to the paternal grandfather; C to the paternal aunt G; X to the foster family of H; Y to the foster family I; Z to the paternal cousin J; D to the paternal Aunt G; A to the paternal Aunt K; [ 19 ] ORDERS that the parents attend and complete a substance abuse treatment program; [ 20 ] ORDERS that the frequency and modality of the contacts between the parents and the children be determined by the Director of Youth Protection; [ 21 ] ORDERS that the parents ensure that they do not expose the children to violence and/or individuals under the influences of intoxicating substances; [ 22 ] ORDERS that the parents fully collaborate with the Director, meet with the worker upon request and inform the worker of any changes in their personal circumstances; [ 23 ] AUTHORIZES to obtain and share information with all service providers working with the family; [ 24 ] ORDERS that aid, counselling and, assistance be provided to the child and his family; [ 25 ] The whole, for a period of nine (9) months, until October 12 th , 2023 and until [...], 2023 for D ; [ 26 ] 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 Nathalie Malo Attorney for the father M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the children Dates of hearing : January 12 th , 2023 Last exhibit: D-7