2023 QCCQ 8495, 2023 QCCQ 8495

Protection de la jeunesse — 232700 2023 QCCQ 8495 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000554-206 614-41-000555-203 614-41-000557-209 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2009 Y Born on [...], 2011 Z Born on [...], 2016 Children and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A , Mother and B , Father .

JUDGMENT [ 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 (DYP) submits an application for a review of the decision rendered on January 11 th , 2022, maintaining the children with the parents to certain conditions along with supporting measures including aid, counselling and assistance for a period of six months. [ 3 ] The Director asks the Court to order that the children be entrusted under the care of the parents and to order several assistance measures including aid, counselling and assistance to the children and the children’s family for a period of nine months. [ 4 ] M e Malo on behalf of the father admits the essential of the alleged facts.

The father agrees to the recommendations. [ 5 ] M e Ayoub on behalf of the mother agrees with the recommendations. Although she couldn’t give the mother’s position with regards to the alleged facts. [ 6 ] M e Massé on behalf of the children before giving his position asks the worker questions about Y learning disabilities and his needs for specialist to support him. [ 7 ] After having heard the whole evidence, M e Massé agrees with the recommendations proposed.

Although he asks the Court to order that the child receive services offered at the Organisation A. [ 8 ] The evidence reveals the following facts. [ 9 ] The parents are separated. The father lives in Town B. The mother in Town A. [ 10 ] Neither parent attended a treatment program. The mother told the worker that she cut down to struggle with alcohol consumption, there is no evidence of it. [ 11 ] The Youth Protection worker made several red flags to check on the mother and children in the home. The family situation was controlled.

The children were home and there was no sign of drinking. [ 12 ] The children are reported to be doing well and be very happy to be back under their mother’s care. Y and Z don’t display any behavioral problems. They attend school regularly. The mother lives with her father in Town A. [ 13 ] X displays behavioral issues.

She is not attending school regularly. [ 14 ] Y needs to see a specialist for speech delay and to attend a special class. [ 15 ] It appears from the evidence that the involvement of the Director of Youth Protection is still necessary since the parents haven’t taken any steps to address their consumption issues. Achieving sobriety is a long process.

To remain sober could be a long path to follow and the parents should seek help for their alcohol and drug abuse and they certainly could benefit from an after-care treatment as recommended by the professionals and the Youth Protection’s workers. [ 16 ] The situation remains fragile. The security and development of the children are at risk of neglect.

The Director of Youth Protection should monitor closely the situation. [ 17 ] Given the whole evidence, the fact that the children are reported to do well under the care of the mother, the agreement of both parents to the measures proposed including collaboration with the Youth Protection worker, the Court concludes that the recommendations are in the interest of the children.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the applications; [ 19 ] REVISES the decision rendered on January 11 th , 2022; [ 20 ] DECLARES that the security and development of Z born on [...], 2016, Y born on [...], 2011 and X born on [...], 2009 are still endangered under

section 38 (b) (1) iii. And 38 ( b ) (2) of the Youth Protection Act ; [ 21 ] ORDERS that the children remain entrusted to the parents; [ 22 ] ORDERS that the parents attend treatment for their alcohol and drugs abuse, and follow the aftercare treatment as recommended by the professionals; [ 23 ] ORDERS the children to attend school on a regular basis, and absences be justified;

[ 24 ] ORDERS that the children have appropriate curfews given their ages; [ 25 ] ORDERS the parents to attend school meetings regarding their children when needed; [ 26 ] ORDERS that the children receive all specific health care and health services they need, more specifically in the situation of Y; orders that the child receive all services needed by his condition, namely, to be able to attend a special needs class and to receive all the services from Organisation A, at the Town A clinic; [ 27 ] ORDERS the parents to continue to maintain an environment free from alcohol and or drugs; [ 28 ] ORDERS or the parents to continue to cooperatively work with the Director of Youth Protection and support home visits; [ 29 ] ORDERS that aid, counselling and assistance be provided to the children and the children’s family; [ 30 ] The whole for a period of nine (9) months until October 10 th , 2023. [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present decision. ___________________________________ 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 Nathalie Malo Attorney for the father M e Yan Massé Advocate for the children Date of hearing : January 10 th , 2023 Last exhibit: D-14