2012 QCCQ 19263, 2012 QCCQ 19263

Protection de la jeunesse — 128398 2012 QCCQ 19263 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY A Youth Court Division No: 760-41-004009-117 760-41-004010-115 DATE: November 23, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2002 Y, born [...] 2009 Children THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B (father of

X) Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection presents motions for extension of a Court decision of August 11, 2011 concerning the children X, born on [...], 2002 and Y, born on [...] 2009.

[ 2 ] The motions allege the status quo as to the parental difficulties justifying the initial measures, as well as their lack of involvement in the intervention. The Director proposes the extension of the measures for a period of one year, namely that the children remain in the care of their maternal aunt. As to the contacts, the Director recommends a revision of the preceding order to include supervision. [ 3 ] The parents are absent, although duly served of the proceedings. The Court proceeds in their absence.

The motions are uncontested. [ 4 ] ANALYSIS AND DECISION [ 5 ] The evidence in the file demonstrates that the parties recognize B as being the father of both siblings. The previous judgments affirm this fact. Recently, the obtention and verification of Y's birth certificate certifies that although he carries B last name, there is no declaration as to his paternity. [ 6 ] The children continue to reside with their maternal aunt and are evolving positively. [ 7 ] The father maintains no involvement with the intervention, nor does he inquire about the children.

He resides at his mother's home in City A and occasionally sees the children in the community and speaks with them. [ 8 ] The mother is living in the state A, since her release from prison on June 20, 2012. She is reluctant to return to Canada, as she has pending arrest warrants in the provinces of Quebec and Ontario. The children affirm that they see their mother on a regular basis at the aunt's home. [ 9 ] The mother's involvement in the intervention is minimal until recently.

Since September, she agrees to supervised visits with the Director of Youth Protection. [ 10 ] The evidence demonstrates that since the last Court order, the parents have undertaken no steps to resolve their issues relating drug and alcohol dependency, instability and parenting.

Consequently, the children's best interests dictate that they continue to benefit from measures of protection in virtue of the Youth Protection Act . [ 11 ] The children reside with their aunt since April 2011 and consequently, at the end of the present measure, there will be expiration of the maximum periods of temporary placement provided by

article 91.1 of the Youth Protection Act , which stipulates the following: 91.1. If the tribunal orders a foster care measure under subparagraph j of the first paragraph of

section 91, the total period of the foster care may not exceed (a) 12 months if the child is under two years of age on the date the order is made, (b) 18 months if the child is from two to five years of age on the date the order is made, or (c) 24 months if the child is six years of age or over on the date the order is made. When determining the duration of foster care, the tribunal must take into account the duration of any foster care measure applied to the same situation in an agreement on voluntary measures referred to in subparagraph j of the first paragraph of

section 54, as well as the duration of any prior foster care measure it ordered under the first paragraph. It may also take into account any prior period during which the child was placed or provided with foster care under this Act. If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs and age on a permanent basis.

However, the tribunal may disregard the periods specified in the first paragraph if it is expected that the child will be returned to his family in the short term, if the interest of the child requires it or for serious reasons, such as failure to provide the services agreed upon. At any time during a period specified in the first paragraph, if the security or development of the child is still in danger, the tribunal may make an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child's needs

and age on a permanent basis. 2006, c. 34, s. 63 . [ 12 ] Consequently, the evolution of the parent's situation and their involvement in the measures are of an especially crucial nature in the next year, in view of the obligation to consider the long-term needs of the children at the expiration of the present order, should their security and development still be in danger. [ 13 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied of the evidence. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of the children are still in danger; [ 17 ] EXTENDS the Court order rendered on August 11, 2011; [ 18 ] ORDERS that the children be entrusted to a foster family chosen by the Centre jeunesse A for a period of one year; [ 19 ] TAKES ACT that the foster family is that of the maternal aunt, C; [ 20 ] ORDERS that the contacts between the children and their parents be upon agreement between the parties and supervised by a third party designated by the Director of Youth Protection; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family for a period of one year; [ 22 ] WITHDRAWS the exercise of certain rights of parental authority form the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 23 ] ORDERS that the parents of the children take an active

part in the application of the measures ordered; [ 24 ] RECOMMENDS that the parents of the children complete a drug and alcohol assessment and follow the recommendations; [ 25 ] RECOMMENDS that the parents of the children attend, participate and complete the A Program to enhance their parenting skills; [ 26 ] RECOMMENDS that the father of the child X completes an anger management program as well as attend and participates in a B program; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Caterine Caron Attorney for the Petitioner Me Karine P. Poissant Attorney for the children Date of hearing: November 23, 2012