2014 QCCQ 18767, 2014 QCCQ 18767

Protection de la jeunesse — 146591 JO0341 [ 2014 QCCQ 18767 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640-41-001602-132 640-41-001601-134 DATE: October 20, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [CITY A] Applicant and X, born […], 2012 Y, born […], 2010 Children and A Mother and B Father of X ______________________________________________________________________ JUDGMENT (

section 95 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing a child or the child’s parents to be identified. Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection applied, under

section 95 of the Youth Protection Act , [1] for the review of the decision rendered on August 27, 2013 by Josée Bélanger, J.C.Q. At that time, X and Y were entrusted to a foster family for twelve months. [ 2 ] At the hearing, Mtre. Suzanne Arpin acted on behalf of the petitioner and Mtre. Yan Massé represented the children. The mother was present and assisted by Mtre. Claude Beaudet.

X’s father was duly served, but he did not attend the hearing. [ 3 ] Considering the age of the child, the Court decided to proceed without the presence of the father. [ 4 ] The Court heard [SOCIAL WORKER 1], community worker in [CITY A] (Québec). She filed a revision report for each child. She recommends that X and Y be placed in a foster family until the age of majority. X: [ 5 ] She is now two years old and she has been living in the same foster home since June 1, 2013. Her brother, Z, lives in the same family.

He has been entrusted to that family until majority. [ 6 ] In March 2014, reintegration visits with the mother were organized, but turned out not to be possible; she was too disorganized. [ 7 ] The mother is still struggling with an important alcohol problem and eight of her children are entrusted to the Director of Youth Protection.

[ 8 ] She is now working as a janitor twenty hours a week and she is living at her parents’ place. Her niece also lives in that house with her two children. [ 9 ] Consequently, the Court believes that the mother will not be able to take care of Nevaeh, who still needs protection. [ 10 ] The Court heard C. She wishes to foster X until her majority. The child has been living with her since June 2013. The family has also been taking care of Z, X’s brother, for the past four years.

C works as an administration technician and X attends the day care during the day. [ 11 ] The Court is convinced that this is a serious life plan for X. Y: [ 12 ] She is four years old and she needs special medical care and regular follow-up for treatments. [ 13 ] Y has been in nine different foster homes since August 27, 2013. [ 14 ] At the hearing, the Court heard D. With his wife, they want to foster Y until her majority.

Y has been living with them since July 21, 2014. [ 15 ] It is now too early to decide if this is a life plan for the child. [ 16 ] A short placement with a reevaluation of the situation in a few months is more appropriate. [ 17 ] This young child will not be returned with her mother within the next few years. The Director of Youth Protection has to find a serious life plan, maybe with D and his wife. The coming months will be very important. The Court wants a stable and successful life plan for Y.

FOR THESE REASONS, THE COURT: For X: [ 18 ] GRANTS the motion; [ 19 ] REVISES the decision or order rendered on August 27, 2013; [ 20 ] DECLARES that the security and development of the child are in danger; [ 21 ] ORDERS that X be entrusted to the foster home of C and E until the age of majority; [ 22 ] ORDERS that the visits between X and her parents be supervised by the Director of Youth Protection and in accordance with X’s needs; [ 23 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the foster family, more specifically in regards to school activities and medical services; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to X and her family until her majority; [ 25 ] ORDERS the cooperation of the Director of Youth Protection and the entire professional team involved in the situation; [ 26 ] ORDERS the execution of the present judgment by any peace officer; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out.

For Y: [ 28 ] GRANTS the motion; [ 29 ] REVISES the decision or order rendered on August 27, 2013; [ 30 ] DECLARES that the security and development of the child are in danger; [ 31 ] ORDERS that Y be entrusted to a foster family for a period of six months; [ 32 ] ORDERS that the visits between Y and her mother be supervised by the Director of Youth Protection and in accordance with Y’s needs; [ 33 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother and granted to the foster family, more specifically in regards to school activities and medical services;

[ 34 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to Y and her mother for six months; [ 35 ] ORDERS the execution of the present judgment by any peace officer; [ 36 ] ENTRUSTS the situation of the child, Y, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q. Mtre. Suzanne Arpin […] Counsel for the applicant Mtre. Yan Massé Centre communautaire juridique A Counsel for the children Mtre. Claude Beaudet Counsel for the mother Date of hearing: August 26, 2014