2013 QCCQ 18088, 2013 QCCQ 18088

Protection de la jeunesse — 136728 2013 QCCQ 18088 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division DATE: December 16, 2013 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant -and- 640-41-001506-127 - X, born on […], 2004 640-41-001507-125 - Y , born on […], 2007 640-41-001508-123 - Z , born on […], 2008 640-41-001509-121 - A , born on […], 2010 640-41-001510-129 - B , born on […], 2011 Children -and- C , actually residing in City B, district A, Québec Mother -and- D , residing and domiciled in City A, district A, Québec Y ’s father -and- E , residing and domiciled in City A, district A, Québec A ’s and B ’s father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant addresses the Court asking for the revision of the decision rendered on December 7, 2102, by the Honourable Jacques Roy, J.C.Q. [ 2 ] At the time, the security and the development of the five children C – X, Y, Z, A and B, were declared as being compromised.

They were entrusted to their parents and some measures aiming to remedy this situation were ordered for a period of one year. [ 3 ] At the audience, only Mr. E, B’s and A’s father, is present. The mother is represented but she is not present, living in city B since a couple of months. As for Mr.

D, Y’s father, he has been informed of the present procedure, but let know that he would not be present, nor represented. [ 4 ] From the evidence heard and the various documents contained in the records, the Court notes essentially the following. [ 5 ] As mentioned above, the children were entrusted to their parents with some measures of help after a report denouncing a family environment where alcohol and violence were present. [ 6 ] If at the beginning the situation could be kept under control, quite obviously it degenerated in the last months in such a way that the children were taking away from their home.

The mother and her spouse were no longer capable to ensure their security and development. [ 7 ] The children are entrusted to foster families since the end of September 2013 by a provisional compulsory foster care order. The mother is now living in city B with her new boyfriend and she apparently does not intend to return to city A for the moment. [ 8 ] None of the parents can offer a safe environment to these children nor have the capacity to do so.

They are all battling with a drinking problem and are not able to address it. [ 9 ] Consequently, parties acknowledge that in these circumstances the children’s situation is still endangered and they agree with the recommendation of a placement in foster home for a period of nine months, giving the time to every members of this family to regain some stability. [ 10 ] FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motions;

[ 12 ] REVISES the decision rendered by the Honourable Jacques Roy, J.C.Q. on December 7, 2012; [ 13 ] DECLARES that the security and the development of these five children are still endangered; [ 14 ] ORDERS the placement in foster care of the five children for a period of nine months; [ 15 ] ORDERS that the contacts between the children and the biological parents be supervised by the Director of Youth Protection in terms of frequency and modalities; [ 16 ] ORDERS that the parents remain sober and do not display any aggressiveness in the presence of the children; [ 17 ] RECOMMENDS that the parents seek help for their alcohol abuse problem; [ 18 ] ORDERS that the parents submit themselves to random test (alcohol and drugs); [ 19 ] ORDERS that aid, counsel or assistance be provided to the children and their parents for a period of 12 months; [ 20 ] AUTHORIZES the director of Youth Protection to sign any document and to give authorizations in relation with any school or medical matters if the parents are not reachable; [ 21 ] ENTRUSTS the children's situation to the Director of Youth Protection who shall then see that the measure is carried out; [ 22 ] ORDERS any peace officer to collaborate in the execution of this enactment. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

M e Gabriel Gaudreault Counsel for the applicant M e Yan Masse Counsel for the children M e Clara Lafrance-Egervari Counsel for the mother Date of hearing: November 21, 2013