Protection de la jeunesse — 232696 2023 QCCQ 8491 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000504-193 614-41-000505-190 DATE : MAY 3 rd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2009 Y Born on [...], 2012 Children And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, And A B , Parents .

JUDGMENT

Article 95 al. 1- Youth Protection Act [ 1 ] At the request and with the consent of all parties, the Court proceeds to a common hearing into the situation of the children. [ 2 ] The Director of Youth Protection (Director) applies to the Court for a review of the decision rendered on November 23 rd , 2022, entrusting the children to a foster home for a period of six months along with supporting measures including aid, counselling and assistance 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 to the children and the children’s family for a period of one year. [ 4 ] The mother is absent.

Although M e Ayoub on her behalf admits some facts, denies others. The mother contests the proposed measures. She wants the children back under her care. [ 5 ] The father is absent. The Court has been informed by the worker that the parents are in no condition to attend the hearing due to the fact that yesterday they consumed alcohol to the point of being intoxicated.

They still are at the present time. [ 6 ] The father is not represented by a lawyer. [ 7 ] M e Wylde on behalf of the children although she does not have their position with regards to the alleged facts, they both agree to be maintained in a foster home. X asked the worker to explore the possibility to be entrusted to the aunt C. She also asks to have contacts with her siblings. [ 8 ] Y is in the same foster home as her youngest brother. She is in grade 4. She also would like to have visits with her sister. [ 9 ] The evidence reveals the following facts. [ 10 ] X is 13 years old.

Y is 11 years old. [ 11 ] Since the last judgment they remained in foster care. Y is reported doing well. X exhibited difficult behaviors such has not returning to the foster home, not respecting the foster parents’ authority. She was often going to the parents’ home without the knowledge or the consent of the worker and the foster parents.

She was moved into a foster home in Town B but she continues to exhibit problematic behaviors in the foster home and at school. [ 12 ] On February 14 th , 2023, a referral was submitted for X to be followed with National Native Alcohol and Drug Abusive Program Uschiniichisuu Community worker and a psychologist. [ 13 ] Since the last judgment, the parents resumed living together. The parents still struggle with alcohol consumption. X has personal issues, and she is struggling to cope with anxiety.

Parents need to commit themselves and complete treatment program to address their issues and to change their long-term situation. [ 14 ] The children need to remain in a home free of alcohol, they need safety and to live with adults able to meet their needs. They also need to continue to receive guidance and structure and to receive psychological support.

The parents need to address their issues but also to maintain their sobriety. [ 15 ] Given the needs of the children, the situation of the parents, the fact that they are unable to resume care for the children, their absence at the hearing, the Court concludes that the recommendations are in the interest of the children, respects their rights and are in their interest. THEREFORE, THE COURT : [ 16 ] GRANTS the applications; [ 17 ] REVISES the decision rendered on November 23 rd , 2022; [ 18 ] DECLARES that the security and development of X born on [...], 2009 and Y born on [...] 2012, are still endangered under

section 38 ( b ) (1) and 38 (

c) of the Youth Protection Act .; [ 19 ] ORDERS that the children remain entrusted in a foster home for a period of six months ; [ 20 ] ORDERS that all children attend school regularly;

[ 21 ] RECOMMENDS that FAI complete an alcohol treatment program and follow all recommendations given to maintain her sobriety; [ 22 ] ORDERS that the children receive counselling and attend all appointment scheduled; [ 23 ] ORDERS that contacts between the children and the parents be determined by the Director of Youth Protection for frequency and modality and with a third-party supervision when required; [ 24 ] ORDERS the Director of Youth Protection to organise contacts between all the siblings and that the frequency and modality be agreed among all parties and that they be encouraged; [ 25 ] ORDERS that the parents ensure that the children are not exposed to any form of violence and/or persons under the influence of alcohol during visits; [ 26 ] ORDERS the parents to take active steps and complete a treatment program; [ 27 ] ORDERS that the parents receive after care treatment to maintain their sobriety; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 29 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family for a period of one year . [ 30 ] The whole, until May 3 rd , 2024; [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 32 ] ORDERS that any peace officer to collaborate if requested to do so by the Director of Youth Protection. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother Father absent, not represented M e Fanny Wylde Advocate for the children Date of hearing : May 3 rd , 2023 Last exhibit: D-15