2023 QCCQ 8514, 2023 QCCQ 8514

Protection de la jeunesse — 232719 2023 QCCQ 8514 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000793-218 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 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 95 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 29 th ,

2022, entrusting the child to a foster home for a period of four months along with supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster home for a period of six months and to order a social follow-up including aid, counselling, and assistance for a period of twelve months. [ 3 ] The parents are present. They are not represented by any attorney. They know their rights to be represented by a lawyer.

They accept to proceed without the assistance of a lawyer. [ 4 ] The parents admit the situation as alleged by the applicant and agree with the recommendations proposed. [ 5 ] The father also admits the situation as alleged by the Director of Youth Protection. He knows the reasons why the child was entrusted to a foster home and that he could not continue to care for him.

The father agrees with the recommendations proposed. [ 6 ] M e Ayoub on behalf of the child after having heard the position expressed by the parents agrees with the recommendations proposed. [ 7 ] The evidence reveals the following facts. [ 8 ] The child is 2 years old. On October 7 th , 2021, the Director received a call concerning the child who was living in an environment where there was a lot of drugs in the home and there was also fighting in the home by drunks.

The child was at that time a few months old. [ 9 ] The Director received a second call on November 21 st , 2021, stating almost the same elements of drinking in the home and that the child was under the responsibilities of adults intoxicated. [ 10 ] The child has been entrusted into a foster home since September 2022. [ 11 ] Since the last judgment, the child remained in the same foster home and is doing well. He as regular contacts with both parents. [ 12 ] The father sees the child when he is at the mother’s home.

He continues to live with the paternal grandparents. [ 13 ] The mother underwent a land base treatment program of four weeks near the community, but she relapsed. She had the child with her for Christmas break. It was scheduled for two weeks but towards the end of the two weeks period, the child had to be removed as the mother was intoxicated in his presence. [ 14 ] The mother has stated she attended only one workshop at the Center A.

She needs to attend treatment and to maintain her sobriety. [ 15 ] At the present time, the mother is not in a situation to resume care of the child. [ 16 ] [Social Worker 1], Youth Protection worker, analyzes the situation in the following terms [2] : The risk for the child is that the mother still consumes alcohol while the child is present to the point of intoxication. The mother still seems to lack maturity, the mother is a young mother. The mother's situation is unstable at this time. At this time, the mother and father are not in a position for their child to be returned to their care.

Since DYP's involvement, the mother has made progress in helping herself for her alcohol and substance use. The mother went to a 30- days Mobile Treatment Program 2022 located at km48 and completed the program. The mother was sober for a while after the treatment but relapsed afterwards. The mother needs to prioritize her child and his needs. [ 17 ] The goals and objectives of the measures are the following [3] : DYP's goal is for the child to live in a safe healthy environment, for the mother and father to remain sober.

At the moment, the child is living in a good foster home where there is stability, and his needs are met. The child is highly vulnerable and requires responsible caregivers. DYP's goal is for the child to return back to the parents care but it's the stability of the parents that we need to look at.

If the situation remains the same the next goal is for the child to have a life place. [ 18 ] Given the whole evidence, the admission of the parents, their recognition of the situation, the child’s needs, his young age and his vulnerability, the needs for the parents to address their issues, the Court concludes that the recommendations are in the interest of the child and answer his needs.

THEREFORE, THE COURT : [ 19 ] GRANTS the Application; [ 20 ] REVISES the decision rendered on September 29 th , 2022; [ 21 ] DECLARES that the security and development of X born on [...], 2020 are still endangered under sections 38 ( b ) (2) and (

c) of the Youth Protection Act ; [ 22 ] ORDERS that the child be entrusted to a foster home for a period of six (6) months ; [ 23 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by Director of Youth

Protection; [ 24 ] ORDERS the child not to be exposed to anyone, including the parents, under the influence of alcohol or drugs; [ 25 ] ORDERS the mother to actively engage in Center A programs or workshops to address her consumption issues; [ 26 ] ORDERS the mother to attend a treatment program in TOWN B or Town C Ontario and a relapse prevention program after completing the program; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family; [ 28 ] ORDERS that parents collaborate with the Director of Youth Protection as required; [ 29 ] ORDERS that aid, counseling, and assistance to the child and the child’s family for the period of one year until March 14 th , 2024; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 31 ] The whole until March 14 th , 2024. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Parents present, not represented M e Marie-Josée Ayoub Advocate for the child Dates of hearing : March 14 th , 2023 Last exhibit: D-8