2018 QCCQ 15900, 2018 QCCQ 15900

Protection de la jeunesse — 186517 2018 QCCQ 15900 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 614-41-000159-162 614-41-000160-160 DATE: August 30, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 Y, born on [...], 2005 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] [Social Worker 1] delegate duly authorized of the Director of Youth Protection A submits to the Court motions to review and extend the judgment rendered by Honourable Renée Lemoine, on August 17, 2017. [ 2 ] She asks that the children remain placed in foster families for another period of one (1) year with specific orders to the parents. [ 3 ] At the hearing, the mother and de children are present, assisted by Me Michel Grenier and Yan Massé.

Me Marie-Josée Ayoub represents the father, actually detained. Me Adélia Ferreira represents the applicant. [ 4 ] The mother, the father and the children agree with the measures recommended and admit the allegations of the petitions. The children wish to return with their mother and want their contacts with the father supervised. [ 5 ] The evidence reveals that the mother was able to remain sober far a short period of time but resumed drinking, when she had nothing to do. She attended a bush program last November for two (2) weeks. But her consumption of alcohol increased after.

She was evicted from her home and the one of her boyfriend. [ 6 ] During summer, she could have attend therapy and treatment as it was asked by the social worker, but she refused. Her collaboration was uneven. [ 7 ] In such situation, the mother cannot assume the children. [ 8 ] The father visited the children once in August 2017 and the children were not comfortable in his presence. During his visit, the father drank and there was in issue at the hotel as the father was partying. He did not have contact with the social worker since. [ 9 ] The children are doing well in their foster family.

They are very anxious for the mother to get help and remain sober, so they could return to her care. [ 10 ] The mother agree to return in treatment for substance abuse and therapy. She is well informed that she needs to collaborate and stabilize herself otherwise the Director will have to prepare a life pan for the children.

[ 11 ] Considering the evidence, the Court concludes that the security and development of Y and X are still in danger and considers that the recommendations are in their best interest.

CONSEQUENTLY, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of Y, born on [...], 2005 and X, born on [...], 2004, are still in danger; [ 14 ] ORDERS their placement in foster family for one (1) year with progressive reintegration with the mother if the situation of the latter allows it; [ 15 ] RECOMMENDS that the foster home be that of C; [ 16 ] ORDERS the mother to seek help for her personal issues including treatment for substance abuse; [ 17 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and parents as for the frequency, modalities, including the presence of a third party; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the parents for one (1) year; [ 19 ] RECOMMENDS that the father attend treatment for his substance abuse issues; [ 20 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 21 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Me Yan Massé Attorney for the children Date of hearing: August 24, 2018