2018 QCCQ 14875, 2018 QCCQ 14875

Protection de la jeunesse — 185457 2018 QCCQ 14875 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-001677-134 640-41-001678-132 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2008 Y, born on […], 2005 [SOCIAL WORKER 1 , youth protection worker, duly authorized by the Director of Youth Protection of A; Applicant v.

A , residing and domiciled at […] Mother ______________________________________________________________________ JUDGMENT (sections 95(1) and (2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection asks the Court to review and extend the decision made on January 26, 2017. [ 2 ] At the hearing, the mother was absent but she was represented by her counsel Mtre Angela Tommasel.

On behalf of the mother, counsel admitted the major part of the allegations in the application and agrees with the applicant’s recommendations that the children be entrusted to a foster family until November 30, 2018. [ 3 ] The children also express their consent to the recommendations of their lawyer, Mtre Cassandra Neptune. [ 4 ] Under the last Court order, the children were entrusted to their maternal grandmother. On July 23, 2017, the grandmother was medevaced because she had been assaulted by the mother.

She broke her hip and needed medical treatment. [ 5 ] The children remained in the family household under the care of their older sibling Z. The mother lives in the same household as the children. [ 6 ] At first, the applicant planned a life project for them with the maternal grandmother. [ 7 ] On May 10, 2018, the applicant was informed that the grandmother is suffering from kidney-related disease and needs intense medical follow-up in Town A. The grandmother’s health is worrying and she is unable to take care of the children.

She cannot provide a stable living environment for the children’s future. [ 8 ] The mother still displays alcohol and anger management issues. She still faces the same issues, but her situation is more stable. In the past, she lived in the same household as her mother and was in daily contact with her children. The grandmother was the children’s safety net. They are developing well emotionally, socially and academically. [ 9 ] Unfortunately, it is impossible to keep the children in the family environment.

The children will have to be entrusted to a foster family for a period of six months to assess the best options for a new, long-term plan for them. FOR ALL THE ABOVEMENTIONED REASONS, THE COURT:

[ 10 ] GRANTS the motions; [ 11 ] REVISES and EXTENDS the decision or order rendered on January 26, 2017; [ 12 ] DECLARES that the security or development of the children X, born on […], 2008, and Y, born on […], 2005, continues to be in danger; [ 13 ] ORDERS that the children be entrusted to a foster family; [ 14 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 15 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 16 ] ORDERS that the mother remain sober in the presence of the children; [ 17 ] ORDERS that the mother refrain from all violent behaviour in the presence of the children; [ 18 ] RECOMMENDS that the mother seek help through Social Services for her alcohol and personal issues; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family until November 30, 2018; [ 20 ] ORDERS the police to collaborate in the execution of the enactment if requested; [ 21 ] ENTRUSTS the situation of the children to the Director of Youth Protection of A for the purpose of executing the order. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the children Mtre Sarah Bourgeois Lessard Attorney for the applicant Mtre Angele Tommasel Attorney for the mother Date of hearing: May 23, 2018