2023 QCCQ 8549, 2023 QCCQ 8549

Protection de la jeunesse — 232774 2023 QCCQ 8549 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000974-230 DATE : MAY 4 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2015 Child 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 The Director of Youth Protection (Director) applies to the Court under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that the security and development of the child are endangered under

section 38 ( b ) (1) iii.- neglect on educational needs- and 38 ( b ) (2) -risk of neglect of the YPA. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster home for a period of nine months and to authorize the reintegration under either parents’ care after six months if the situation allows it. The Director also asks the Court to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of twelve months. [ 3 ] The mother admits most of the alleged facts. She nuances and denies others.

The mother agrees with the proposed recommendations. [ 4 ] M e Wylde on behalf of the child agrees with the recommendations given the consent of the mother and the situation of the child. [ 5 ] The father was duly served. He is absent at the hearing. [ 6 ] The evidence reveals the following facts. [ 7 ] The child is 8 years old and was living with the mother.

The parents separated when the child was about two months old. [ 8 ] The father only sporadically sees the child. [ 9 ] On March 6 th , 2023, the Director received a report regarding the child who in 2022, was only attending school sporadically and since January 2023, was not attending school. [ 10 ] On March 21 st , there was another report regarding the child alleging she was dropped at the paternal grandmother’s home for the past two weeks and the mother has not showed to pick her up. On the same day, the mother was met by the worker at her home. The worker saw some scratches on her face. The mother denies it.

The worker also observed that the house was very messy, there was trash everywhere on the floor along with beer cans and food.

The mother denies it. [ 11 ] The mother stated to the worker that she has a very hard time taking care of the child alone and that the father does not help in anyway. [ 12 ] The mother also admitted to struggling with the care of the child and with her drinking. [ 13 ] The mother testified that she has a lot of heavy responsibility and that the father is not reliable. [ 14 ] [Social Worker 1], Youth Protection worker, on her report dated April 25 th , 2023, analyses the situation in the following terms : Since the child has been placed under Youth Protection, the child has made great improvements educationally and regularly attending school.

The mother maintained her visits for the first two weeks and has not rescheduled any further visits since then nor has she called to check up on her daughter. On April 15th, the emergency worker reported the house was in terrible condition with empty alcoholic beverages around the floor and the house was a mess. The mother insisted in having her visit at a relative dwelling and it was granted by emergency worker since the relative house was in good condition. Since X was placed under fostering, neither parents have demonstrated nor seek any help to better parent their child.

Nor have they been consistent with their visits and checking up on their daughter through Youth protection. The mother tried to be stable for about two weeks and then, return back to negative habits. Finally, the father has not once tried to

schedule any visit or called to see how his daughter was doing. He has not tried to show any collaboration with youth protection. [ 15 ] Given the whole evidence, the age of the child, the consent of the mother on the proposed measures and M e Wylde’s consent on the proposed measures on behalf of the child, the Court concludes that the application is well founded in facts and in law and that the proposed recommendations are in the interest of the child. THEREFORE, THE COURT : [ 16 ] GRANTS the Application for Protection; [ 17 ] DECLARES that the security and development of X born on [...], 2015 are endangered under

section 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 18 ] ORDERS that the child be entrusted to a foster home for a period of nine months ;

[ 19 ] AUTHORIZES her reintegration under either parent’s care after six months if the situation allows it; [ 20 ] ORDERS that the frequency and modality of contacts between the child and the parents be agreed upon among all parties and be monitored by the Director of Youth Protection; [ 21 ] RECOMMENDS the mother to follow workshops that will be offered by the Youth Protection worker in order to improve her parental capacities; [ 22 ] TAKES JUDICIAL NOTICE that the mother is open to discuss with the worker to get any kind of treatment to address her consumption issues; [ 23 ] ORDERS that the parents to be and to remain sober and drug free at all times while in the presence of the child and that the child is not exposed to any individuals under the influence of drugs and alcohol; [ 24 ] ORDERS the parents to ensure that the child is not exposed to any form of verbal or physical violence, while in their presence and not expose the child to any individuals under the influence of drugs and alcohol; [ 25 ] ORDERS the parents to fully collaborate with the Director of Youth Protection and meet worker upon request; [ 26 ] RECOMMENDS the parents to seek professional help for their own issues locally or outside of the community depending on their availability; [ 27 ] ORDERS the parents to provide proof of completion of any rehab or land-based healing retreat; [ 28 ] AUTHORIZES the Director of Youth Protection to share and obtain information with service providers working with the family as to attendance and degree of involvement in the services provided; [ 29 ] ORDERS that aid, counseling and assistance to the child and the child’s family for a period of one year ; [ 30 ] The whole, until May 4 th , 2024 ; [ 31 ] ENTRUSTS the situation of the child 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 Mother present, not represented Father absent, not represented M e Fanny Wylde Advocate for the child Date of hearing : May 4 th , 2023 Last exhibit: D-3