2018 QCCQ 16316, 2018 QCCQ 16316

Protection de la jeunesse — 187304 2018 QCCQ 16316 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000435-138 DATE: October 4, 2018 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on [...], 2012) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) forbids the publishing or broadcasting of information allowing for 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 ] New facts arisen since lost Court order of October 4, 2017, justify its revision and extension. [ 2 ] Judge Poirier concluded that both parents' struggles with long lasting personal issues, notably addictions. She underlines that the children have been in foster care for most of their lives. In 2014, they were entrusted to a foster family until their majority.

It is paternal grandmother who was the foster family. [ 3 ] Because of unappropriated behaviors from the father to the children in the paternal grandparents environment and because the children’s needs weren’t adequately responded by the paternal grandparents, Judge Poirier entrusts the child to a foster family, the maternal grandparents. [ 4 ] At the hearing, parents are absent, in spite of the fact that the application was served on them. [ 5 ] In the best interest of the child, this Court decided to proceed even if the parents were absent. [ 6 ] The parties proceed jointly in the case of Y (8 years old), Z (7 years old) and X (6 years old). [ 7 ] Since the last Court’s order, the children have be living with their maternal grandparents.

Their situation has improved. [ 8 ] The foster family answers their needs, and provides them with all required support. [ 9 ] Unfortunately, the parent’s situation did not evolve. [ 10 ] The mother still struggles with drug issues and she recognizes that she is not able to take care of her children. [ 11 ] As for the father, the preponderant evidence establishes that prior to the last Court’s order, he let the children watch pornography. He his struggles with addictions and he is involved in criminal activities.

Also, he does not participate in any services. [ 12 ] As for the maternal grandparents, the reach out to the services offered by the DYP and apply the counsels of that given to them. [ 13 ] X is now 6 years old and he attends school on a regular base. He is now in grade one and does not have behavioral problems. [ 14 ] The security and development of the child are still in danger because of the risk of sexual abuse (by the father) and also in a situation of negligent (drug issues of the parents, father involved in criminal activities).

[ 15 ] [Social worker 1], the social worker involved in the child’s situation, explains that the next year will allow to evaluate if the maternal grandparents’ environment is the best for the child until his majority.

THEREFORE, THE COURT : [ 16 ] DECLARES that the security and development of X are still considered to be in danger; [ 17 ] REVISES and EXTENDS the court order rendered on October 4, 2017; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection until October 31, 2019 under the following conditions: [ 19 ] ORDERS that the child should be entrusted to a foster family designated by the Director of Youth Protection; [ 20 ] ORDERS that the contacts between the child and his parents be determined following agreement between the parties, including their supervision, as long as deemed necessary; [ 21 ] ORDERS that contacts between the child and the paternal grand-parents are determined following agreement between the parties, including their supervision, as long as deemed necessary; [ 22 ] AUTHORIZES the professionals involved in the child situation to exchange all information relevant to the child’s well-being; [ 23 ] ORDERS that the parents be sober when in the presence of the child; [ 24 ] ORDERS that the foster family does not allow any person on the influence of drugs or alcohol to be in contact with the child; [ 25 ] ORDERS that both parents as well as the foster family ensure that the child is in a violence free environment; [ 26 ] RECOMMENDS that the parents engage in a follow-up in connection with their personal difficulties, including drug addiction follow-up and parents capacity assessment; [ 27 ] RECOMMENDS that the parents actively participate in external education services; [ 28 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child, his parents and his foster family; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the carrying out of this order. __________________________________ HERMINA POPESCU, J.C.Q.

Me Louyse Lemieux Paradis, Smith and Lemieux For the applicant Me Réal Grenier Grenier, Grenier and Grenier For the child Filed on : October 15, 2018