2019 QCCQ 9075, 2019 QCCQ 9075

Protection de la jeunesse — 19209 2019 QCCQ 9075 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 505-41-008788-178 DATE : January 31, 2019 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2006 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 95 of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Revision of a Court decision dated December 21, 2017. [ 2 ] Following this decision, Justice Gravel declared that the situation of the children X and Y are in danger because of neglect of the basic physical needs and for a situation of psychological ill-treatment.

The Court ordered that the children be entrusted to a foster family chosen by the Director for a period of one year and took act that the foster family is that of the paternal grandmother, Ms. C . The Court also ordered that the contacts between the children and their parents be following agreement between the parties and in the presence of a third party chosen by the Director. [ 3 ] Today, the Director recommends that the children be entrusted to the paternal grandmother, Ms.

C (foster family) for an additional period of one year, on the condition that neither of the parents reside with her and on the condition that condition that Mr. D and Ms. E (parents of the other three children in the care of the paternal grandmother) do not reside with them. The Director also asks to suspend the contacts between the children and their mother during the time of her incarceration and that upon her release the mother will have to meet the Director at least three times prior to any supervised visits which would be following agreement between the parties.

For the contacts with the father, the Director recommends to order that the contacts be following agreement between the parties, including the degree of supervision. [ 4 ] The Court dispenses the Director of the notification of the application to the mother. She is not involved in the children’s life. She is presently incarcerated in [State A] for illegal drug related charges. Minimum time served will be June 27, 2019. [ 5 ] The father and the children’s lawyer agree with the conclusions. Y wishes to go live with his father in a near future.

CONTEXT AND ANALYSIS [ 6 ] The paternal grandmother moved with the children to an apartment due to the condition of her home. On September 24, she

reported that she had three other grandchildren entrusted to her following a Court order in Town A. The Director is not in agreement with this placement because there was concern that adding three more children could compromise Y and X living environment. [ 7 ] Futhermore, the paternal grandmother was appointed as the supervisor for the contacts between these three children and their parents. The Director has serious concerns that this situation will cause overcrowding.

The paternal grandmother has to reorganize her house and she has to be reassessed as a foster home by the Director as the home environment does not respect the foster care guidelines. [ 8 ] The father mentions that he has been sober for the last two years. He is working full time in Town B and comes back every second weekend. [ 9 ] In April 2018, the father began to have unsupervised visits with his children.

During this same period, he missed scheduled appointments with the worker and in June, he stopped attending meetings with his addictions worker. [ 10 ] Due to this situation, in November 2018, supervised visits with the father were put back in place in the presence of the paternal grandmother. [ 11 ] The father understands that he needs the worker in order to have the supervision lifted. [ 12 ] The children evolve positively. X is a very mature young teenager. At school, she is in the International Baccalaureate program. Her grades are good. Y is in a special education class.

He is also doing well. [ 13 ] The paternal grandmother is the main caregiver as well as the most significant person for the children. She has ensured that their needs be met. The Director hopes that by taking-in three more children, she will not compromise the care of all five children. [ 14 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are still in danger; [ 17 ] REVISES the Court order rendered on December 21, 2017; [ 18 ] ORDERS that the children be entrusted to a foster family chosen by the Director of Youth Protection A; [ 19 ] TAKES JUDICIAL NOTICE that the paternal grandmother Ms. C will provide the foster care, in the following conditions: - That neither of the parents reside with her; - That Mr. D and Mrs.

E (parents of the other three children) do not reside with them; [ 20 ] SUSPENDS the contacts between the child and her mother during the time of her incarceration; [ 21 ] ORDERS that upon her release, the mother meet with the caseworker at least three times prior to any supervised visit which will be agreed upon between the parties; [ 22 ] ORDERS that the contacts between the father and the child be following agreement, including the degree of supervision; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 24 ] ORDERS that the child receive certain health care and health services for as long deemed necessary by the professional, notably all medical and psychological services and follow recommendations; [ 25 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the paternal grandmother Ms.

C to sign alone the authorizations required for medical, school, recreational, extra-curricular, or travel purposes, including the application for a passport and [...]; [ 26 ] ORDERS that the father, Ms. C and the child meet regularly with the caseworker to update their situations; [ 27 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 29 ] THE WHOLE for a period of one year. __________________________________ Lyne Morin , J.C.Q.

Me Julie Langlois Attorney for the Director Me Jean Pierre Gaudreau Attorney for the child Date d’audience : 31 janvier 2019 Jugement signé : 6 février 2019