2017 QCCQ 11821, 2017 QCCQ 11821

Protection de la jeunesse — 175121 2017 QCCQ 11821 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000076-168, 614-41-000077-166 and 614-41-000078-164 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 Y, born on [...], 2012 Z, born on [...], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. 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 A submits to the Court three motions in revision of the judgment rendered on October 5, 2016 by Honourable Jacques Ladouceur.

At the time, the children were placed in foster families for six months with possibility of reintegration after three months. [ 2 ] Now, first, the applicant asked that the children be entrusted to the mother, that she continue her follow-ups to remain sober and to deal with her personal issues and that the father attend treatment for alcohol and drugs issues, in the delay of six months. Because of the recent events, the applicant now recommends the placement of the children in foster families for six months. [ 3 ] At the hearing, the father is present, assisted by Me Michel Grenier.

The mother is absent, even if duly served. The hearing was postponed from May 6 to May 7 to favour the mother’s presence, without success. Me Yan Massé represents the children and Me Adélia Ferreira, the applicant. [ 4 ] The facts alleged and proved are the following : 4.1. The children remained in their foster home and are progressing well; 4.2. The mother continued to consume alcohol; 4.3. She is on a waiting list to enter a treatment program; 4.4. The father’s living arrangements remain unchanged. Until two weeks ago, he was living with his parents in an overcrowded house.

He moved in City A two weeks ago; 4.5. The father is seeing a social worker once a month and attends appointments with a therapist to learn how to remain abstinent from alcohol; [ 5 ] Considering the parents’ respective situation, placement of the children are still warranted at this point of time.

[ 6 ] The father testifies and wants to have one child at least with him.

He is now looking for a job in City A. [ 7 ] Considering his testimony, the Court believes that he is not yet organise to assume the children. [ 8 ] Considering that the mother made good progress in the last four months, but recently relapsed; [ 9 ] Considering that she is already making plans to attend a new therapy for all her issues and that she has good parental capacities; CONSEQUENTLY, THE COURT: [ 10 ] GRANTS the motions; [ 11 ] DECLARES that the security and development of X, Y and Z are still in danger; [ 12 ] ORDERS the placement of X, Y and Z in foster families for six months; [ 13 ] ORDERS the mother to seek help for her alcohol abuse and for her personal issues; [ 14 ] ORDERS the father to receive therapeutic follow-up for his alcohol abuse and his personal issues; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts and the visits between the parents and the children (frequency, duration and location); [ 16 ] ORDERS the parents to remain sober in presence of the children; [ 17 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children for twelve months; [ 18 ] ORDERS the parents to collaborate actively with the social worker; [ 19 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the father Me Yan Massé Attorney for the children Date of hearing: July 7, 2017