2011 QCCQ 2876, 2011 QCCQ 2876

Protection de la jeunesse — 11612 2011 QCCQ 2876 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth division” N o : 635-41-000382-108 635-41-000383-106 DATE: March 2, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.Q.C. ______________________________________________________________________ SOCIAL WORKER 1, youth protection worker, duly authorized by the Director of Youth Protection of the A., working in A Applican t -and- X , born [...], 1999 Y , born [...], 1995 residing and domiciled in city A, Quebec, district A Children -and- A , residing and domiciled in city A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT Sections 95 & 75 Y.P.A., R.S.Q. c.

P.-34.1 ______________________________________________________________________ [ 1 ] The director of youth protection is requesting from the Court to review a decision rendered on November 10, 2010 by the undersigned, in the situation of Y, born [...], 1995, and X, born [...], 1999. The youths were entrusted to their mother and different measures of help were ordered to put an end to the situation that put the security and development of the youths in danger.

The applicant now recommends that they be entrusted to their maternal grandmother for a period of six months. [ 2 ] All the parties were present and represented. The mother admitted part of the allegations and agreed with the recommendation, so did the children. [ 3 ] In the last judgment, the mother was ordered to address her alcohol and drug problems. These problems have been long- standing and she is hesitant to seek help.

She was living at her mother’s place with her children and was displaying also violence related problems, most toward her sister; her children witnessed those events. [ 4 ] On December 16, 2010, the mother, while intoxicated, was arrested for assaulting and threatening her sister with a knife. She was detained and finally released with conditions not to drink and not to return home until her court date.

Since that event, she stays with a friend and says that she has stopped consuming alcohol, which is confirmed by the applicant. [ 5 ] Since the event of December 16, 2010, the children live with their grandmother but visit their mother regularly and have meals with her. Their aunt B has also left the grandmother’s house. The grandmother is ready to assume the care of both children as she has always done in the past. The children were not attending school regularly or were being late; the situation is now improving since Christmas.

[ 6 ] The mother has not kept Youth Protection informed of her whereabouts and was poorly collaborating with them. She did not seek help for her alcohol problem but lately has been more opened and ready to meet with the applicant. She agrees that she cannot receive her children for the moment at her friend’s house. She is presently on a list to get her own house. [ 7 ] Considering the admissions of the parties, the testimonies and the reports filed, the Court is convinced that the recommendations are in the best interest of the children and that they respect their rights.

FOR THESE MOTIVES, THE COURT: GRANTS the petitions; DECLARES that the situation of Y, born [...], 1995, and X, born [...], 1999, is still endangered; REVISES the decision rendered on November 9, 2010; ENTRUSTS the youths to their grandmother, Mrs.

C, for a period of six months with reintegration with their mother if the situation allows it; ORDERS • that a person working for an institution or body provide help, counsel or assistance to the youths, to their mother and their grandmother for a period of one year, • that the mother report immediately to the DYP, then once a week on the measures she applies in her own regard or in her children regard to put an end to the situation in which the security and development of the children are in danger, • that the children attend school every day and that the grandmother or the mother take the necessary steps to make sure they do, • that the mother seek help and follow the recommendations of the DYP concerning alcohol and drug addiction, • that the mother be sober (drug and alcohol) in the presence of her children, • that there be no gambling in the presence of the children; ENTRUSTS the children’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. __________________________________ Marc E.

Grimard, JQC M e Stéphanie Lachance Counsel for the applicant M e Denis Trottier Counsel for the children M e Marie-Claude De Gagné Counsel for the mother Date of hearing: February 1, 2011