2023 QCCQ 8488, 2023 QCCQ 8488

Protection de la jeunesse — 232693 2023 QCCQ 8488 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000463-192 DATE : MARCH 16 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2012 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Child Protection A, working in Town A, Applicant and A , Mother and B , Father .

JUDGMENT [ 1 ] The Director of Youth Protection (Director) presents an application for a review of the decision rendered on February 16 th , 2022, entrusting the child to a foster family for a period of one year and authorizing the reintegration under the father’s care at the end of the school year if the situation allows it along with many supporting measures including aid, counselling and assistance for the child and the child’s family for a period of one year. [ 2 ] The Director asks the Court to order that the child be entrusted to the father along with supporting measures including aid, counselling and assistance for a period of six months. [ 3 ] The parents are absent.

[ 4 ] M e Roc-Forgues on behalf of the father told the Court that he has been present earlier but had to leave. [ 5 ] M e Massé informs the Court that the youth was present earlier and went back to school. [ 6 ] M e Ayoub on behalf of the mother admits some facts, denies others. She agrees with the proposed recommendations. [ 7 ] M e Roc-Forgues on behalf of the father admits the essential of the alleged facts.

The father denies that the involvement of the Director is still necessary due to the parents’ long-standing issues. [ 8 ] M e Massé on behalf of the child makes a general admission of all the alleged facts. The child agrees with the measures. [ 9 ] The evidence reveals the following facts. [ 10 ] The child is 10 years old. Several visits between the child and the father were arranged from April until June 2022. In June, the father went through a rough time. Youth Protection received information that the father maybe out of the home.

This resulted in Youth Protection not being able to fully integrate X into the father’s care. [ 11 ] The child was fully integrated into his father’s care at the end of the summer. He continued the school year 2022-2023 in Town B. [ 12 ] During the weekend of September 17 th , the Director received a call from the father. The child ran away from his home in Montreal. The parents were very worried. The child had a conversation with the worker’s supervisor.

He understood how concerning this behavior could be and he said that he wouldn’t do it again. [ 13 ] He also said that his mother told him to run away, and his sister as well were told by their mother to run away but his sister did not. [ 14 ] The father took steps for the child to have services with Organism A and they are waiting for a call. [ 15 ] The father and his girlfriend moved to Town A last October. The father remains sober and is doing well.

He is in process of applying for a house in the community. [ 16 ] The child attends school in Town A regularly and is doing well. [ 17 ] [Social Worker 1], Youth Protection worker analyzes [2] the situation in the following terms: Since the return with the father, the child has returned to the community in October 2022, both child and father have been doing well. The child attends school regularly, and the father works during the day and provides for his family. There are concerns in regards with the mother. The mother works at the restaurant in the community. The mother has not addressed her issues.

She had only one visit with her son since the last court hearing. The child was happy to visit his mother. However, as previously stated, the mother tried to sabotage the return of the child to his father by way of telephone calls; ex: advising him to run away. The mother will need to decide if she wants to remain in her son's life, in doing so, she will need to be a positive influence on her son and be positive in the co-parenting with the father. Is she ready to do this? The DYP acknowledges the father has worked hard to stabilize and maintained his sobriety. The child is fully in his care.

He will need to take precautions in how he will allow his son to interact with his mother without putting him in danger. This will need to be monitored. [ 18 ] The goals and objectives of the measures are the following [3] : To maintain the child with the father. To encourage the mother to re-establish contact and relationship with their child. To encourage the mother to address her unresolved substance abuse. To assist the parents to determine their ability to co-parent.

For the child be provided with safe, secure and stable environment. [ 19 ] Given the whole evidence, the assessment of the situation by the worker, the admission made by the parents, their consent to the measures, the Court concludes that the recommendations are in the interest of the child and that the involvement of the Director in the child’s life is still necessary. FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the Application; [ 21 ] REVISES the decision rendered on February 16 th , 2022;

[ 22 ] DECLARES that the security and development of X born on [...], 2012 are still endangered under

section 38 ( b ) (1) iii. and (

c) of the Youth Protection Act .; [ 23 ] ORDERS that the child remain with the father; [ 24 ] ORDERS that the frequency and modality of contacts between the child and the mother be determined by the Director of Youth Protection; [ 25 ] ORDERS the mother to remain abstinent of alcohol during visits with the child; [ 26 ] ORDERS that the mother take active steps to address her unresolved substance abuse issues; [ 27 ] AUTHORIZES the Director of Youth Protection to share and obtain information from service providers working with the family as to progress and attendance; [ 28 ] ORDERS that the mother collaborate with the Director of Youth Protection meet with the worker upon request and inform the worker of any change of coordinates; [ 29 ] ORDERS that aid, counselling and assistance be provided to the child and his parents for a period of six (6) months ; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 31 ] The whole, until September 16 th , 2023 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Andréa Roc-Forgues Attorney for the father M e Yan Massé Advocate for the youth Date of hearing : March 16 th , 2023 Last exhibit: D-14