2014 QCCQ 14232, 2014 QCCQ 14232

Protection de la jeunesse — 142327 2014 QCCQ 14232 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001677-134 640-41-001678-132 DATE: April 3, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in A town Applicant and X, born on […], 2008 Y, born on […], 2005 Children and A Mother ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR., c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.).

The proceedings were under the following names: Z and Y, but it appears from the birth certificates that their real names are: X and Y. [ 1 ] The Director of Youth Protection submitted two motions asking the Court to declare that the security and the development of X and Y are endangered pursuant to subparagraphs (b)(2), (

c) and (e)(1) of

section 38 of the Youth Protection Act. [1] [ 2 ] Y was present in Court, but X was not, considering her age. Counsel assisted and represented them. The mother was also present and was assisted by counsel. [ 3 ] This family is from Town A and the children are living in a very difficult situation. They admitted that the mother is sometimes violent with them. [ 4 ] The mother did not admit the allegations, but she admitted that the children’s situation was endangered.

She agreed with the measures recommended by Youth Protection. [ 5 ] The mother is presently charged with sexual assault on and sexual interference with a fifteen-year-old boy from Town A. She was released with the condition of living in Town B until the end of the criminal procedures. Consequently, the children had to be fostered. [ 6 ] Obviously, the mother did not want to tell what happened when she was living with the children.

X and Y are not ready to testify. [ 7 ] Considering that the mother agreed with the measures, the children also consented to the measures. [ 8 ] The measures recommended by Youth Protection are in the best interest of the children. [ 9 ] FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the motions; [ 11 ] DECLARES that the security and development of the children are in danger; [ 12 ] ORDERS that Y and X be entrusted to a foster family chosen by the institution operating a child and youth protection centre for a period of nine months;

[ 13 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform her of the current situation; [ 14 ] RECOMMENDS that Ms. A undergo a psychological evaluation; [ 15 ] ORDERS that the terms of contact between the children and their mother be determined by the Director in regards to frequency and degree of supervision; [ 16 ] ORDERS that Ms.

A seek professional help in regards to her parental skills, substance abuse and anger management; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family; [ 18 ] ORDERS that the police cooperate in the execution of this judgment; [ 19 ] ENTRUSTS the situation of the children, Y and X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. [ 20 ] ALL FOR A PERIOD OF TWELVE MONTHS. __________________________________ MARC OUIMETTE, J.C.Q. Mtre.

Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the children Mtre. Angèle Tommasel Counsel for the mother Date of hearing: February 7, 2014