2023 QCCQ 8515, 2023 QCCQ 8515

Protection de la jeunesse — 232720 2023 QCCQ 8515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000809-220 614-41-000808-222 614-41-000807-224 614-41-000806-226 DATE : MAY 4 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2019 Y Born on [...], 2017 Z Born on [...] 2014 A Born on [...], 2012 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 B , Mother C , father of Y, X, Z D , father of A Parents . JUDGMENT

Article 95 - Youth Protection Act [ 1 ] At the request and with the consent of all parties, the Court proceeds to a common hearing in the situation of the children. [ 2 ] The Director of Youth Protection (Director) applies to the Court for a review of the decision rendered on May 27 th . 2022, entrusting the children to a foster home for a period of one year along with supporting measures including aid, counselling and assistance for the children and the children’s family for a period of one year. [ 3 ] The Director asks the Court to order that the children remain entrusted to a foster home for a period of six months and to order several assistance measures including aid, counselling and assistance for the same period of time [ 4 ] M e Ayoub on behalf of the mother admits some facts, ignores others, and denies some elements.

The mother consents to the proposed measures. She wants to go to treatment and to continue to work with a worker to improve her situation and address her issues. [ 5 ] The father of X, Y and Z is absent at the hearing. The father of A is absent at the hearing. [ 6 ] After having heard the whole evidence, M e Wylde on behalf of the children agrees with the applications and she consents to the proposed measures. [ 7 ] The evidence reveals the following facts. [ 8 ] A is 10 years old, she will turn 11 in a few days. Z is 8 years old, Y is 6 years old.

X is 3 years old,[...]. [ 9 ] Since the last judgment, the children remained in foster care.

Z remained in the foster home of the parental grandparents. [ 10 ] X and Y are doing good. [ 11 ] Z has been exhibiting serious aggressive behaviors in school. [ 12 ] A remained in the same foster home and the foster mother reports that the child’s behavior is difficult when she returns from the visits with the mother. [ 13 ] She has difficulties adjusting with the structure of the foster home and respecting the rules more particularly after visits with the mother. [ 14 ] The mother continues to drink to the point of intoxication.

She speaks about going to treatment but has not attended and is not enrolled in one.

[ 15 ] M e Ayoub told the court that she wants to go to treatment now. At one point in time, the mother started an online treatment but did not complete it. [ 16 ] A

schedule of visits was put in place. The children often shortened the visits due to the mother’s and partner drinking. [ 17 ] Some visits have been problematic, and the children had to return earlier to their foster home due to drinking in the home. [ 18 ] The children have expressed fearing the mother’s drinking, her violence and the arguments in the home. They have witnessed ongoing conflicts between the mother and her boyfriend.

This influences the children. [ 19 ] A was met by a psychologist but she expressed not liking it because she has to speak about her parents. [ 20 ] The collaboration of the parents with Youth Protection should improved. [ 21 ] [Social Worker 1], Youth Protection worker, in a revision report [2] dated April 6 th , 2023, analyses the situation in the following terms: Based of lack of participation and consistency of parents engaging or completing a program, along with the continuous exposure of alcohol and violent behavior around the children. The situation remains the same.

It is therefore recommended that the children remain in Foster Care for another six (6) months. Recognizing that the children have reached a maximum duration of placement, if the situation remains the same a long term life plan will be explored. [ 22 ] The goals and objectives of the measures are the following: The objective is to ensure that the children have the stability that the need. In order to have the proper services each child needs, a consistency of involvement is required in their individual development.

And in doing so, it is important that the mother to complete anger management program and treatment program to ensure that she can be capable to follow through. However, considering the history of alcohol abuse of the parents. DYP is considering a life plan to be established during the six months placement. [ 23 ] Given the age of the children, their needs, the situation of the parents, their need to take the necessary means to correct the situation, the Court concludes that the recommendations are in the interest of the children.

THEREFORE, THE COURT : [ 24 ] GRANTS the applications; [ 25 ] REVISES the decision rendered on May 27 th , 2022 ; [ 26 ] DECLARES that the security and the development A born on [...], 2012, Z born on [...], 2014, Y born on [...], 2017 and X born on [...], 2019 are still endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act; [ 27 ] ORDERS that the children remain entrusted to a foster family for a period of six (6) months ; [ 28 ] ORDERS that the parents abstain from alcohol and drugs in the presence of the children; [ 29 ] RECOMMENDS the parents to continue to attend and complete alcohol and drug abuse program; [ 30 ] RECOMMENDS that the parents take the necessary means to find a place of their own; [ 31 ] RECOMMENDS the parents to continue with their psychological services; [ 32 ] ORDERS the mother to engage in an anger management workshop; [ 33 ] ORDERS the parents to undergo random drug testing when requested to do so; [ 34 ] ORDERS that the frequency and modality of contacts between the parents and the children be determined by the Director of Youth Protection; [ 35 ] ORDERS the parents to fully collaborate with the Director of Youth Protection and meet with the worker upon request and update with their progress; [ 36 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the child and the parents with regards to progress and attendance; [ 37 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family for a period of six (6) months ; [ 38 ] The whole until November 4 th , 2023 ; [ 39 ] 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 Marie-Josée Ayoub Attorney for the parents Father of A- absent, not represented Father of X, Y and Z absent, not represented M e Fanny Wylde Advocate for the children Date of hearing : May 4 th , 2023 Last exhibit: D-7