2017 QCCQ 20117, 2017 QCCQ 20117

Protection de la jeunesse — 1710373 2017 QCCQ 20117 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: September 22, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2001 614-41-000110-165 Y, born on [...], 2002 614-41-000112-161 Z, born on [...], 2005 614-41-000113-169 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1) ______________________________________________________________________ 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 Director of Youth Protection submits three applications to extend a judgment rendered by Judge Josée Bélanger on July 5, 2016, who ordered the placement of the children for a period of nine months followed by a possible reintegration after six months if the situation allowed it. [ 2 ] For the hearing, Mtre. Constantin Kiryakidis represents the children. Z and Chelsea are present and Y was met by her lawyer at the previous date. Mtre.

Marie-Josée Ayoub acts on behalf of the mother and Mtre. Michel Grenier on behalf of the father who is not present in court. Mtre. Adelia Ferreira represents the applicant. [ 3 ] The measures are not challenged by the parties and numerous admissions were made. Reports were also filed to serve as testimony. [ 4 ] To this day, the mother continues to consume alcohol and she is still involved in a violent relationship with her partner.

Last January, the mother’s thumb was dislocated during an incident of domestic violence. [ 5 ] The mother has not met the NNADAP worker and she did not engage in a treatment to address her alcohol consumption problem. The day of the hearing, she says that she will do it, but at her own pace. She won’t do it for the return of the children to her custody.

So, the Court understands that she is not ready to deal with this problem for the time being. [ 6 ] As for the father, he has not made any efforts to secure a home and his living arrangements remain unstable. [ 7 ] The father visits the children at the foster homes. [ 8 ] Both X and Z Jr. stated to the Youth Worker that they want to remain in a foster home. [ 9 ] At the beginning of the summer, X was placed in a reception centre (group home) under provisional measures.

To this day, her situation has significantly improved and the professionals are of the opinion that she no longer needs a structured environment such as a group home or a reception centre. [ 10 ] For all the children the recommendation of Director of Youth Protection is a placement in foster families for a period of one year.

[ 11 ] The situation is mainly the same as it was when Judge Bélanger rendered her judgment in the summer of 2016. The parents must understand that the children cannot be kept in foster families indefinitely without life plans.

If the parents do not mobilize themselves to receive services in a near future and if they do not make durable changes in their lifestyle, the Court will have to contemplate life plans for the children. [ 12 ] FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X, Y and Z are still endangered; [ 15 ] EXTENDS the former court order; [ 16 ] ORDERS the placement of the three children in foster families for a period of one year with a reintegration to the care of one of their parents if the situation allows it; [ 17 ] ORDERS that access rights between the children and the parent be encouraged as long as the parents are and remain sober at all times; [ 18 ] ORDERS the mother not to put the children in the presence of people under the influence of intoxicating substances, including her boyfriend, Mr.

C; [ 19 ] ORDERS the parents to notify the Director of Youth Protection when the children are with one of them; [ 20 ] ORDERS the father not to put the children in the presence of people under the influence of intoxicating substance; [ 21 ] ORDERS the mother to meet with the [Organism A] worker as soon as possible in order to be assessed about her alcohol consumption issues and ORDERS her to follow any recommendations made by the professional; [ 22 ] ORDERS that aid, counselling and assistance be provided to the children and the parents for a period of twelve months with a calendar of schedules meetings with the Social Worker at a frequency of at least twice a month; [ 23 ] ORDERS that the children receive professional help including a follow-up with a psychologist; [ 24 ] ORDERS any police force to collaborate with the execution of court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 25 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the court orders; __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira DYP A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the children Mtre. Marie-Josée Ayoub Lawyer for the mother Mtre. Michel Grenier Lawyer for the father Date of hearing: July 26, 2017