2016 QCCQ 6583, 2016 QCCQ 6583

Protection de la jeunesse — 162753 2016 QCCQ 6583 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001894-150 640-41-001895-157 640-41-001896-155 DATE: April 13 th 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C.

IN THE MATTER OF: X, born on [...] 2007 Y, born on [...] 2010 Z, born on [...] 2013 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection [...], working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and B , residing and domiciled in Town B, Quebec, district A Father of X and C , residing and domiciled in Town A , Quebec, district A Father of Y and Z JUDGMENT ( Sections 95 ( par. 1) and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) WARNING: The Youth Protection Act 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 ] The Director of Youth Protection asks the Court to review the decisions made on August 17 th 2015 concerning the children, X, Y and Z. [ 2 ] The last order entrusted the children to foster families. [ 3 ] The Director now asks that Z and Y be maintained in foster care and that X be entrusted to a rehabilitation centre. [ 4 ] Z and Y are two and five years old. X is nine years old. [ 5 ] The mother was present in Court on April 13 th 2016. She admits some of the alleged facts.

She agrees that the two younger

girls remain in foster care. She would prefer that X be entrusted to a foster family in her community mainly to facilitate contacts between them. [ 6 ] X’s father was absent but represented by a lawyer. He ignores most of the alleged facts and does not object to the proposed measures. [ 7 ] X’s lawyer represents that her client does not want to go in a specialized foster home. She wants to stay home with her mother. [ 8 ] The mother is still having serious personal difficulties concerning alcohol abuse. [ 9 ] She says that she is now ready to go for treatment. She is accepted in a treatment facility next June.

It is the third time within the last year that the mother attempts to go for treatment. [ 10 ] X is still very young and demonstrates serious behavioural difficulties. [ 11 ] Her rebellion can be partly explained because of her wish to go back home but she has also experienced the serious disorganized pattern of her parents’ behaviours during the last years. [ 12 ] The child need to be stabilized. She needed to be removed frequently from her foster families because of her behaviour. [ 13 ] The child needs the structure a standard foster family cannot offer her.

The Director plans to entrust X in a specialized foster home adapted to the needs of a child her age and of her development. [ 14 ] The Director has taken some steps to find such a resource in an Inuit community without any success up to now. A specialized foster home adapted to X’s situation exists in Town C but there were no available place for her. [ 15 ] The Director’s last resort is to send X in a setting down south. This could be very detrimental for her considering her cultural background and her young age.

FOR ALL THESE REASONS COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the children, X, Y and Z, are still in danger; IN THE SITUATION OF Y and Z [ 18 ] REVISES the decision rendered on August 17 th 2015; [ 19 ] ORDERS that the children, Y and Z, be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that the parents do not harass the children’s foster families; [ 21 ] ORDERS that the parents take an active

part in the application of the measures; [ 22 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the parents remain sober in the presence of the children; [ 24 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 25 ] RECOMMENDS that the parents seek help through social services or any other organization concerning their alcohol and personal issues; [ 26 ] ORDERS that the contacts between the children and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 27 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children, their family and the foster families; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] ENTRUSTS the situation of the children, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 30 ] THE WHOLE until October 31 st 2016.

IN THE SITUATION OF X [ 31 ] REVISES and EXTENDS the decision rendered on August 17 th 2015; [ 32 ] ORDERS that the child, X, be entrusted to an institution operating a rehabilitation centre (specialized foster home) chosen by the institution operating a child and youth protection centre;

[ 33 ] AUTHORIZES the placement of the child in a foster family for a maximum period of 30 days before being accepted to the specialized foster home; [ 34 ] RECOMMENDS that a request be made for the child to be integrated at a specialized foster home located in Town C; [ 35 ] ORDERS that the mother and Mr C take an active

part in the application of the measures; [ 36 ] ORDERS that the parents and Mr C report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 37 ] ORDERS that the child receive specific healthcare and health services, namely a follow-up with a child psychiatrist; [ 38 ] ORDERS that the parents and Mr C remain sober in the presence of the child; [ 39 ] ORDERS that the parents and Mr C remain without any violent behaviour in the presence of the child; [ 40 ] RECOMMENDS that the parents and Mr C seek help through social services or any other organization concerning their alcohol and personal issues; [ 41 ] ORDERS that the contacts between the child, the parents and Mr C be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 42 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 43 ] ORDERS the police to collaborate to the execution of the enactment; [ 44 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 45 ] THE WHOLE until October 31 st 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Cassandra Neptune, Attorney for the children Mtre Marie-Claude De Gagné, Attorney for the mother Mtre Angèle Tommasel, Attorney for Mr B