2013 QCCQ 17515, 2013 QCCQ 17515

Protection de la jeunesse — 136196 2013 QCCQ 17515 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on […], 2004 635-41-000478-120 Y, born on […], 2006 635-41-000479-128 Z, born on […], 2012 635-41-000480-126 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75, Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection applied for the review of a decision rendered on December 11, 2012 by Louis A. Legault J. At that time, X, Y and Z were entrusted to a foster family for a period of eight months. [ 2 ] At the hearing, Mtre. Stéphanie Gauvreau represented the children, and the parents were present and assisted by Mtre. Marie- Claude De Gagné. Mtre.

Gabriel Gaudreault acted on behalf of the petitioner. [ 3 ] For X, Youth Protection sought a placement in a rehabilitation centre (specialized foster home) for a period of nine months, with possible reintegration with the parents after six months, if the situation allows. [ 4 ] For Y, Youth Protection sought a placement in a foster family for a period of six months, with possible reintegration with the parents as soon as the situation allows. [ 5 ] For Z, Youth Protection requested that he be returned to his parents’ care. [ 6 ] The parents admitted that: • Their situation improved; • They now cooperate on a regular basis with Youth Protection; • On July 18, 2013, the father completed a treatment program for his anger, and drug and alcohol problems; • The mother is scheduled to start a treatment program on September 4, 2013; • X displays serious behaviour problems; • X displays aggressive behaviour at school and with the foster family; • X’s foster parents are overwhelmed by her behaviour and they are not able to foster her anymore; • The visits with Z were positive. [ 7 ] The Court heard Mrs. [Social Worker 1], human resources counsellor (H.R.C.) from Town A.

She wrote a revision report concerning the family’s situation.

[ 8 ] She recommended a different conclusion for each child. X needs specialized services. She has never received services for sexual abuse. She was also exposed to family violence. X has a lot of anger, and a specialized foster family could help her. [ 9 ] As for Y, Mrs. [Social Worker 1] testified that the parents’ situation improved. She recommended reintegrating Y as soon as possible into her family. [ 10 ] Finally, Z should return to his parents, as recent visits were very positive.

The parents now cooperate with Mrs. [Social Worker 1]. [ 11 ] The father went for treatment for six weeks; he had stopped drinking. [ 12 ] Youth Protection is not looking for perfect parents, only parents who take good care of their children. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motions; [ 15 ] REVISES the decisions rendered on December 11, 2012; [ 16 ] DECLARES that the security and the development of the children, X, born on […], 2004, Y, born on […], 2006, and Z, born on […], 2012, continue to be in danger; [ 17 ] ORDERS that X be entrusted to a rehabilitation centre (specialized foster home) for a period of nine months, with possible reintegration with the parents after six months, if the situation allows; [ 18 ] ORDERS that Y be entrusted to a foster family for a period of six months, with reintegration as soon as possible; [ 19 ] ORDERS that Z remain in his parents’ care; [ 20 ] AUTHORIZES the Youth Protection delegate to make unannounced visits, to which the parents agreed; [ 21 ] ORDERS that the parents remain sober in the presence of the children; [ 22 ] ORDERS that the parents refrain from any form of violence in the presence of the children (whether physical, verbal or psychological); [ 23 ] ORDERS the parents not to leave the children unsupervised when they play outside; [ 24 ] ORDERS that X and Y attend school on a daily basis; [ 25 ] ORDERS that the parents continue to attend the A.A. weekly program and follow the recommendations given by the professionals; [ 26 ] ORDERS that X receive the health and social care required by her condition, notably that: • She be assessed for Attention Deficit Hyperactive Disorder, as suggested by Dr.

Larose, the child psychiatrist; • She receive counselling regarding past sexual abuse; • She continue to be treated for her hearing difficulties and be seen by a specialist, and that the parents follow the recommendations of the professionals; [ 27 ] ORDERS that Y receive the health and social care required by her condition, notably that she receive counselling for sexual abuse; [ 28 ] ORDERS that the parents cooperate and meet the youth protection delegate on a regular basis, as requested; [ 29 ] ORDERS that the police cooperate in the execution of the present order; [ 30 ] ORDERS that a person working for a body or institution provide aid, counselling and assistance to the parents and children for a period of twelve months; [ 31 ] ENTRUSTS the situation of children to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant

Mtre. Stéphanie Gauvreau Centre communautaire juridique A Counsel for the children Mtre. Marie-Claude De Gagné Counsel for the parents Date of hearing: August 28, 2013