2010 QCCQ 13627, 2010 QCCQ 13627

Protection de la jeunesse — 102765 2010 QCCQ 13627 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: April 22, 2010 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.

C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized member of the Director of Youth Protection's staff of the Center A PETITIONER And X 640-41-001160-099 Born on […], 1996 And Y 640-41-001161-097 Born on […] , 1998 And Z 640-41-001162-095 Born on […], 2001 CHILDREN And A MOTHER And B FATHER ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a petition to review a decision rendered on July 6, 2009.

This judgment entrusted the three children to their father in town A for a period of fourteen months. Previously, the children were living with their mother in town B.

On January 30, 2010, the children were placed in a foster family following an information transmitted to the emergency social worker stating that the father and his spouse were involved in a family dispute when both were under the influence of alcohol. [ 2 ] On February 22, 2010, judge Jacques Roy ordered that Y and Z be entrusted to their mother and that X be placed in a foster family in town A. [ 3 ] For the present hearing, the mother is represented by M e Daniel Ouellette. M e Claude Beaudet acts on behalf of the children and M e Wolfgang Mercier-Giguère represents the Director of Youth Protection.

The father is present but not represented by counsel. [ 4 ] The evidence reveals that the father displays violence and alcohol related problems. The father declares that he will attend a treatment centre to address those issues in a near future. He agrees that the two youngest children be entrusted to their mother. [ 5 ] Concerning the oldest, he would prefer that she stay in town A. The teenager wishes to be placed in a foster family there for the next year; she does not want to go back to live in town B. [ 6 ] The mother has been sober for more than six months.

She is able to assume full responsibility for her three children. She requested that X be returned to her custody at the end of the present school year. She agrees with a placement in a foster family in town A until then because she does not want her daughter to be transferred to a new school in the middle of a semester. [ 7 ] Since the July 2009 court order, the mother has sought help: She meets regularly with a CLSC Social Worker, with a psychologist, and with Dr. Joseph Jolly. She has applied to be admitted in a treatment centre to address her personal issues.

At the time of the hearing, she is still waiting. [ 8 ] Since returning with their mother, the situation of the two youngest children evolves positively. The mother is genuinely

involved in the social follow-up with the Director of Youth Protection's representatives. [ 9 ] The mother was given legal custody of the three children by a judgment of the Superior Court rendered on January 14, 2008. During the last year, the father didn't take any steps to change the situation and to ask for the legal custody of the children. [ 10 ] Since the situation of the mother clearly improved during the previous months and the fact that she is now able to take care of the three children, there is no reason to order a placement of the oldest for a period of one year.

Everyone agrees that X will finish her school year in town A. Thereafter, she will have to be transferred to the custody of her mother.

The Court has no evidence suggesting that the judgment giving custody of the children to the mother should not apply. [ 11 ] For these motives, the Court : [ 12 ] Grants the motion; [ 13 ] DECLARES that the security and the development of the children are still endangered; [ 14 ] ORDERS the placement of X in a foster family until June 20, 2010 and following that, Orders the transfer of X to her mother's custody; [ 15 ] ORDERS that Y and Z remain in the custody of the mother; [ 16 ] ORDERS that aid, counsel and assistance be provided to the children and both parents for a period of one year; [ 17 ] ORDERS that the father collaborate and participate in therapies for anger management and for alcohol related problems; [ 18 ] ORDERS that the mother continue the follow-up with Dr.

Jolly for as long as deemed necessary by the professional; [ 19 ] ORDERS that the mother continue to meet regularly with a psychologist for as long as deemed necessary by the professional; [ 20 ] ORDERS that the mother seek help to maintain her sobriety; [ 21 ] ORDERS the mother to be and remain sober when in presence of the children; [ 22 ] ORDERS both parents to collaborate with the social workers and any other professionals involved in their situation; [ 23 ] ORDERS the police to collaborate to the execution of the Court orders if requested to do so by the Director of Youth Protection; [ 24 ] ENTRUSTS the situation of the three children to the Director of Youth Protection of the Center A who shall see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.Q.C.

M e Wolfgang Mercier-Giguère Lawyer for the petitioner M e Claude Beaudet Lawyer for the children M e Daniel Ouellette Lawyer for the mother B Father Date of hearing: March 23, 2010