2014 QCCQ 6664, 2014 QCCQ 6664

Protection de la jeunesse — 14370 2014 QCCQ 6664 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: January 22, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND X, born on […], 2011 640-41-001590-139 AND Y, born on […], 2013 640-41-001664-132 CHILDREN AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ( Youth Protection Act R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits to the Court two motions. The first one concerning X, asking for a review of a Court order rendered on May 29, 2013. Concerning Y, the Director of Youth Protection is asking that his security and development be declared endangered pursuant to

section 38

b) of the Youth Protection Act . [ 2 ] At the hearing, the father, was present and represented by Mtre. Joannie Jacob. Mtre. Clara Egervari acted on behalf of both children who were not present in Court due to their young age. Despite the absence of the mother, Mtre. Claude Cossette declared that she had a clear mandate from her client. Mtre. Gabriel Gaudreault acted on behalf of the applicant. [ 3 ] All the parties agreed that the intervention of the Court is required in this situation. [ 4 ] The evidence revealed that the mother frequently moves back and forth between Town A and Town B.

She is currently living in Town A. [ 5 ] On […], she gave birth to Y. The baby was tested for drugs and traces of cocaine were found in his organism. [ 6 ] The mother has a problem regarding drugs and alcohol consumption. She did not attend any therapy to try to solve these problems. She is not stable. The couple has experienced many separations and reconciliations over the years. They are currently living apart. [ 7 ] Last October, the father was hospitalized and traces of drugs were found in his organism. [ 8 ] He went in therapy last summer for drugs consumption. So, in October he relapsed.

He admits that he still has to work on this problem. He attended another therapy a few weeks ago and he intends to attend another one in the following months. [ 9 ] He is also working on anger management and acknowledges that despite the progress made, he still has to work on this issue. [ 10 ] X was placed in a foster family after the hospitalization of her father. Upon his release from the hospital, Y was also placed in a foster family. [ 11 ] The father is collaborative with the Youth Protection delegate and willing to continue to receive help in order to improve his situation.

He would like that X be reintegrated with him, but acknowledges that for the time being, the best place for Y is to be in a foster family for a few months.

[ 12 ] All the parties agreed with the reintegration of X with her father and a short placement for Y. Mtre. Egervari, on behalf of her young clients, declared that these measures are in their best interest. [ 13 ] THEREFORE, THE COURT: [ 14 ] GRANTS the motions; [ 15 ] DECLARES that the security and development of Y, born on […], 2013 are endangered pursuant to

section 38

b) of the Youth Protection Act ; [ 16 ] MAINTAINS that the security and development of X are still endangered; [ 17 ] REVIEWS the last Court decision in X's file; [ 18 ] ENTRUSTS X to her father for a period of 9 months; [ 19 ] ORDERS the placement of Y in a foster family for a period of 6 months; [ 20 ] ORDERS that aid, counselling and assistance be provided to the children and the parents for a period of 12 months; [ 21 ] ORDERS the parents to take an active

part in the measures ordered; [ 22 ] ORDERS the parents to seek help for their personal issues; [ 23 ] ORDERS that contacts between the children and their mother be supervised by the Director of Youth Protection as for the terms and frequency; [ 24 ] ORDERS to the parents to be and remain sober in the presence of their children; [ 25 ] ORDERS the parents not to put the children in presence of people under the influence of intoxicating substances; [ 26 ] AUTHORIZES random testing for the father regarding alcohol and drugs; [ 27 ] ORDERS to any police force to collaborate for the execution of the Court orders; [ 28 ] ENTRUSTS the children's situation to the Director of Youth Protection for the execution of this order. __________________________________ LUCILLE CHABOT J.C.Q.

Mtre Gabriel Gaudreault Counsel for the applicant Mtre Clara Lafrance-Egervari Counsel for the children Mtre Claude Cossette Counsel for the mother Mtre Joannie Jacob Counsel for the father Date of hearing: December 20, 2013