2017 QCCQ 17170, 2017 QCCQ 17170

Protection de la jeunesse — 177654 2017 QCCQ 17170 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division Nos: 614-41-000123-168 614-41-000124-166 614-41-000125-163 614-41-000126-161 614-41-000127-169 DATE: October 13, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2006 Y, born on [...], 2007 Z, born on [...], 2010 [...], born on [...], 2013 B, born on [...], 2015 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and C , residing and domiciled in City A, district A Mother and D, residing and domiciled in City A, district A Father JUDGMENT ( sections 95 and 75 of the Youth Protection Act , C.Q.L.R. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The applicant submitted applications for review of the situation concerning the children of C and D.

The children are X, 11 years old, Y, 10 years old, Z, 6 years old, A, 4 years old and B, 2 years old. [ 2 ] On August 30, 2016, Justice Jacques Ladouceur rendered a decision declaring the security and development of the children in danger, considering that the parents were seriously neglecting the children’s basic needs. The children were placed in foster homes for a period of 12 months, with possible reintegration with the parents after 9 months. [ 3 ] Both parents attend a treatment centre for substance abuse and they collaborate well with the applicant.

The recommendation of the Director of Youth Protection is to extend the period of placement in a foster home for a period of three months, with gradual integration into the care of their parents, who can start immediately. [ 4 ] All parties are in agreement with the recommendations. [ 5 ] The evidence shows that the father completed his substance abuse treatment program on April 6, 2017. The mother completed her treatment program on July 13, 2017. The parents are sober but their situation is still fragile.

[ 6 ] They took the necessary steps with the housing department of the community of City A to provide an adequate living environment. They need to pay the balance of their arrears and they will be given a house. The parents are in a position to reimburse their arrears. Both parents are working currently. [ 7 ] According to the review report, Ms. [Social Worker 1], the youth protection worker, visited the parent’s apartment a few times.

Although the apartment is small, the home is clean and well equipped to receive the children. [ 8 ] Despite the improvement in the parent’s situation, the risk of relapse remains a concern and the parents need more time to maintain their sobriety and be ready to have their children on a full-time basis. [ 9 ] The recommendation of the Director of Youth Protection is to continue the placement for another three months to ensure the situation is stabilized and that the integration will be a permanent success. [ 10 ] The Court agrees with the recommendation and believes that the measures proposed are in the best interest of the children.

FOR ALL THOSE REASONS, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of the children X, born on [...], 2006, Y, born on [...], 2007, Z, born on [...], 2010, [...], born on [...], 2013 and B, born on [...], 2015, are still in danger; [ 13 ] ORDERS that the children to be placed in a foster home for a maximum period of three months with immediate integration into the care of their parents; [ 14 ] ORDERS that the frequency and conditions of contact between the children and their parents be determined by the Director of Youth Protection, taking note that contact will be encouraged; [ 15 ] ORDERS that the parents continue to collaborate with the Director of Youth Protection and meet the worker upon request; [ 16 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with service providers working with the family; [ 17 ] ORDERS that the parents participate actively in the aftercare program support; [ 18 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of nine months; [ 19 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé Counsel for the children Mtre. Camille Champeval Counsel for the applicant Mtre. Michel Grenier Counsel for the parents Date of hearing: August 16, 2017