2014 QCCQ 14227, 2014 QCCQ 14227

Protection de la jeunesse — 142322 2014 QCCQ 14227 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001386-116 640-41-001739-140 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in city A APPLICANT and X Y residing and domiciled in city A, Québec, district A CHILDREN and A, residing and domiciled in city A, Québec, district A MOTHER and B, residing and domiciled in city A, Québec, district A 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 ] The applicant is addressing the Court, asking that it declare the security and development of Y, born on […], 2013, in danger and for a review of the decision rendered on February 4, 2014, by the Honourable Marc Ouimette, J.C.Q., in the situation of X, born on […], 2011.

He was then entrusted to a specific foster family for a period of six months. [ 2 ] The reason why it is necessary in his case to review the decision rendered is that the foster parents who took him in do not believe they are capable of caring for him any longer.

Therefore, the Court has to review his entire situation in order to entrust him to a different foster family. [ 3 ] The applicant is now asking a placement for a period of six months, during which time he intends on elaborating a life plan, ensuring stability for the child until he reaches the age of majority. [ 4 ] As for Y, she is a young girl who just recently celebrated her first anniversary. She has been placed since birth on voluntary measures.

The applicant is asking for a placement for a period of three months, again with hopes of elaborating a life plan for the child. [ 5 ] Due to their young age, the children are not present in court, but represented. The father, who has been advised of the present hearing, chose not to be present or appoint a counsel. As for the mother, she is also absent, but represented. Her lawyer states her admissions as well as her agreement to the recommendation of a placement for the children.

However, she does not agree with the elaboration of long term life plans. [ 6 ] The exhibits filed in the records, the admissions done at the hearing and the evidence heard essentially reveal the following. [ 7 ] Being born into families in which alcohol and drugs were omnipresent, the parents carry with them a heavy past.

As a result, they have been in contact with these substances at a very young age and started their consumption as children. [ 8 ] As a legacy, each one of them had problems with justice and their common law union was filled with conjugal violence as well as alcohol and drug abuse. [ 9 ] All plans providing any type of reintegration of X within his family have failed, his parents demonstrating very little effort in modifying their behaviour or environment, making it suitable for a young child.

[ 10 ] As for Y, the mother considered letting her own aunt adopting her as soon as she was born. This project turned out to be impossible due to the personal issues her aunt is herself battling. [ 11 ] As previously mentioned, the child has consequently been entrusted to a foster family on voluntary measures since birth. [ 12 ] The situation having not yet evolved and the parents still being unable to provide for their children’s needs, there are only few options possible.

Thus, the Court has every reason to order the placements as requested. [ 13 ] Should the applicant still see fit the elaboration of a long-term life plan for both the children, he can then seize the Court who will take the appropriate decision. FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motions; [ 15 ] DECLARES that the security and development of Y, born on […], 2013, are compromised according to

Section 38 YPA; [ 16 ] ORDERS the placement of the child in a foster family for a period of three months; [ 17 ] REVISES the decisions rendered previously in the situation of X, born on […], 2011; [ 18 ] DECLARES that his security and development are still in danger according to

Section 38 of the Youth Protection Act; [ 19 ] ORDERS the placement of the child in a foster family for a period of six months; [ 20 ] ORDERS that the director see that the children, their parents and the foster families receive aid, counselling and assistance for a period of six months; [ 21 ] ORDERS that the contacts between the children, their siblings and their parents be maintained whenever possible, and supervised by the director in terms of modalities and frequency; [ 22 ] ORDERS that the children receive the health care and services required by their condition; [ 23 ] ORDERS that the parents abstain from consuming drug and alcohol when in the presence of the children; [ 24 ] ORDERS any peace officer to collaborate in the execution of the present order; [ 25 ] ENTRUSTS the situation of X and Y to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the children M e Angèle Tommasel Attorney for the mother Date of hearing: April 24, 2014