2014 QCCQ 14083, 2014 QCCQ 14083

Protection de la jeunesse — 142131 2014 QCCQ 14083 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001648-135, 640-41-001603-130, 640-41-001604-138, 640-41-001649-133, 640-41-001650-131, 640-41-001651-139, 640-41-001652-137 DATE: April 24, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 1998 640-41-001648-135 Y, born on […], 1999 640-41-001603-130 Z, born on […], 2000 640-41-001604-138 A, born on […], 2002 640-41-001649-133 B, born on […], 2005 640-41-001650-131 C, born on […], 2008 640-41-001651-139 D, born on […], 2011 640-41-001652-137 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND E MOTHER AND F FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 submits motions in order to extend and review the last Court order rendered on October 9, 2013.

In this judgment the Court has declared that the security and development of the seven children were endangered and ordered their placement in foster families for a period of 6 months. [ 2 ] For the present hearing, the parents are present and the mother is represented by Mtre. Clara Lafrance-Egervari and the father by Mtre. Ratha Heang. Mtre. Myriam Gaudreault acts on behalf of the children and Mtre.

Gabriel Gaudreault represents the Director of Youth Protection. [ 3 ] The fact that the security and development of the children are still endangered is not challenged by the parents nor the children. [ 4 ] Since the last Court decision, the parents did not take serious steps in order to improve their personal issues. They have not participated actively in the application of the measures but met with the Community Worker. They failed to meet with A workers in order to receive help for their alcohol issues. [ 5 ] The couple is unstable. They are currently living apart since February.

Since the last Court order, it is the second time that they decide not being a couple anymore. [ 6 ] The parents agree to participate in the PROGRAMME A held in TOWN A but the father failed to present himself and the mother said that she had to go to the nurse station on the same day. [ 7 ] Both parents still face alcohol and drugs addictions. As for the mother, she mainly consumes cocaine and the father cannabis. [ 8 ] For the time being, the father mostly lives in the bush. [ 9 ] During the last Court order, they did not formally request visits or access to their children.

It seems that the children decided on their own to go and visit the parents, mainly the mother. As for Y, the evidence revealed that since October she mostly lived with her

mother due to the difficulty to find a proper foster family for her.

This situation is obviously in contravention with the last Court order. [ 10 ] The father declared to the petitioner that he plans to attend a treatment centre as soon he finishes working in the bush. [ 11 ] He also revealed that many drinking parties were taking place at the mother's house. [ 12 ] Given the fact that no significant improvement has been done since the last Court order, the Director of Youth Protection recommends that the placement of the children be extended for another period of 6 months and that life plans be prepared for the two youngest, C and D. [ 13 ] Both parents are in agreement with the recommendations made by the social worker. [ 14 ] The Court clearly informed the parents that they were at a turning point and if no improvements are made within the next 6 months, measures will be taken to stabilize the situation of the children on a long-term basis. [ 15 ] The children agree with this period of placement, despite the fact that they would prefer to be with their parents.

For the time being, they realized that such solution is impossible due to the alcohol and drugs issues their parents are facing. [ 16 ] Considering the evidence and the parties agreement, [ 17 ] FOR THESE MOTIVES, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] EXTENDS the last court order; [ 20 ] ORDERS the placement of the children in foster families for a period of 6 months; [ 21 ] ORDERS the Director of Youth Protection to prepare a life plan for C and D; [ 22 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of 6 months; [ 23 ] ORDERS the parents to seek help for their substances abuse problems and to attend a treatment centre as soon as possible; [ 24 ] ORDERS the parents to collaborate with an aftercare follow-up; [ 25 ] ORDERS the parents to seek help from a community worker or any other professional for their personal issues; [ 26 ] ORDERS that access rights between the parents and children be supervised by the Director of Youth Protection as for the modalities and the frequency and TAKES NOTICE that a calendar will be established; [ 27 ] STRONGLY RECOMMENDS that measures be taken in order that the children see each other especially when the parents are going to be in a treatment centre; [ 28 ] ORDERS that Y, Z and X receive all health services or social services needed by their situation; [ 29 ] ORDERS that Y and Z be provided with a psychological follow-up for as long as deemed necessary by the professional and ORDERS that Y and Z collaborate with the professional; [ 30 ] ORDERS any police force to collaborate with the execution of the Court orders; [ 31 ] ENTRUSTS the children's situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Gabriel Gaudreault Counsel for the applicant Mtre. Myriam Gaudreault Counsel for the children Mtre. Clara Lafrance-Egervari Counsel for the mother Mtre. Ratha Heang Counsel for the father Date of hearing: March 27, 2014