2010 QCCQ 15870, 2010 QCCQ 15870

Protection de la jeunesse — 104005 2010 QCCQ 15870 CANADA PROVINCE OF QUEBEC [...] JJ0296 COURT OF QUEBEC YOUTH DIVISION N° : 525-41-022273-098 N° : 525-41-022274-096 DATE : December 10, 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ In the cases of : X Born on […], 2001 - and - Y Born on […], 2004 ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of December 10, 2010, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with two motions for extension of orders rendered on December 9, 2009, entrusting the children to the care of their maternal aunt with aid, counsel and assistance for a period of one year. [ 3 ] The principal facts alleged in support of the motions are the following: • The mother has continued to struggle with mental health and substance abuse issues despite having completed the program at [organism A]; • The mother did not complete the parenting skills program; • The mother has been working with an educator and has made some progress around organization; • Mr.

A attended five sessions of the parental skills program and stopped as he felt the program was not useful for him; • Mr. A is no longer residing with his wife; • The children report that Mr. A continues to take too many pictures of them and that the feeds them while wearing a rubber glove; • Visits between the children and parents are reportedly positive; • The children are doing well in the care of their maternal aunt and uncle; • The maternal aunt and uncle were assessed and accepted as a specific foster home for the children; • The relationship between the parents and the maternal aunt and uncle remains tense;

• X is experiencing difficulties in school. [ 4 ] The Director of Youth Protection recommends that the children be entrusted to the specific foster home of their aunt until June 30, 2011, and that a social follow-up be provided to the family for a period of one year. The youth worker testified that DYP intends to reintegrate the children with either their mother or Mr. A in June 2011, depending on the situation. [ 5 ] After discussion, the parties consented for the children to be entrusted to the specific foster home of their maternal aunt until August 26, 2011.

The parties admitted that the parents still presented with personal difficulties and that it was in the children’s best interest to finish their school year in the care of their maternal aunt. Both parents have expressed wanting the children back in their care after their foster care placement. [ 6 ] The Court also heard the testimony of Ms. [social worker 1], human relation's agent, and read the reports the Director filed as proof of the children’s situation. The evidence reveals that the parents have not completed their parenting skills programs.

Furthermore, the mother has expressed wanting to enter a seven to ten days inpatient program at [organism A] to address her drug problem and she wants to reintegrate the outpatient clinic of the Hospital A. As for Mr. A, his collaboration with the youth worker has been minimal over the past few months and the children report a certain disconfort when visiting his home. [ 7 ] Under the circumstances, it is in the children’s best interest to be entrusted to the specific foster home of their maternal aunt until August 26, 2011.

This period will give the parents the opportunity to complete their parenting skills courses and to address some of their personal issues. [ 8 ] The evidence and the admissions made have convinced the Court that the security and development of the children are still compromised. [ 9 ] THEREFORE, THE COURT: [ 10 ] GRANTS the motions; [ 11 ] DECLARES still compromised the security and development of the children; [ 12 ] ORDERS that the children be entrusted to foster care until August 26, 2011; [ 13 ] TAKES JUDICIAL NOTICE that the children are in the specific foster home of the maternal aunt, Ms.

B; [ 14 ] ORDERS that the frequency and modality of contacts between the children and their mother and Mr. A be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 15 ] ORDERS that the mother and Mr.

A collaborate with the Director of Youth Protection, meet with the youth workers as requested and inform them of any change of address or telephone number in a delay of 24 hours; [ 16 ] ORDERS the mother to complete a parenting skills program and TAKES JUDICIAL NOTICE that the mother is currently participating in such a program; [ 17 ] RECOMMENDS that the mother attend her [organism B] meetings on a regular basis and provide the youth worker with proof of her attendance; [ 18 ] RECOMMENDS that the mother participate in an inpatient program at [organism A]; [ 19 ] RECOMMENDS that the mother continue to have a regular medical follow-up; [ 20 ] ORDERS the mother to submit to random drug testing at the request of the Director of Youth Protection; [ 21 ] TAKES JUDICIAL NOTICE that the mother agrees to undergo random drug testing; [ 22 ] ORDERS Mr A to complete a parenting skills program and ORDERS the Director of Youth Protection to suggest resources that provide such a program; [ 23 ] RECOMMENDS that the parents participate in a mediation program and RECOMMENDS that they address themselves to a CLSC; [ 24 ] RECOMMENDS that the Director of Youth Protection hold a meeting with the parents to discuss their communication issues, in the best interest of the children; [ 25 ] ORDERS that aid, counsel and assistance be provided to the children and their family until August 26, 2011; [ 26 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 27 ] ORDERS the execution of the present order by any peace officer.

Signed December 21, 2010 Ann-Marie Jones, J.C.Q. AMJ/dg Me Isabelle Loranger (Counsel for the D.Y.P.) Me Alain Ahmaranian (Counsel for the children) Me Judith Shapiro Knight (Counsel for the mother) Me Lucia Valvano (Counsel for Mr A of

X) Date of hearing : December 10, 2010