2017 QCCQ 17168, 2017 QCCQ 17168

Protection de la jeunesse — 177652 JL3645 2017 QCCQ 17168 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 614-41-000031-155 614-41-000032-153 DATE: October 13, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 [...], born on [...], 2009 [SOCIAL WORKER] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A , residing and domiciled in City A, district A Mother and B , residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ( sections 95 and 75 of the Youth Protection Act , R.S.Q. 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 ] [Social Worker], in her capacity as person authorized by the Director of Youth Protection A, is applying to the Court for review of a decision, rendered on September 29, 2016 by Jacques Ladouceur J., ordering that the children X and [...] be placed in a foster home for a period of nine months with possible reintegration after six months. [ 2 ] The parents were present and represented by a lawyer at the hearing.

They made some admissions and were in agreement with the recommendations. [ 3 ] Mtre. Yan Massé, on behalf of the children, stated that they are in agreement with the recommendations in the revision report prepared by [Social Worker]. [ 4 ] The evidence shows that the father is stable and has been sober since April 2017. He has taken steps to attend treatment with a NNADAP worker.

He is still waiting for his intake and he is willing to attend a treatment program. [ 5 ] The father has been actively involved with the Director of Youth Protection and exercised his visiting rights on a regular basis. [ 6 ] The mother’s situation remains almost the same. She has not received professional help for her drinking problem. She continues to consume alcohol and has not participated in follow-up with social services. She has not maintained contact with the children. [ 7 ] Currently the father lives with the paternal grandparents, who are the foster home for the children. Ms. [Social Worker’s]

recommendation is to entrust the children to the father if he complies with the following conditions: − He continues to live at the paternal grandparents’ home with the children; − He remains sober; − He makes a commitment to meet the NNADAP worker as needed and to follow recommendations; [ 8 ] The father is willing to respect those conditions and to participate actively in the follow-up by the Director of Youth Protection. [ 9 ] Considering the improvement in the situation of the father and his involvement with the children, the Court believes that it is in the best interest of the children to follow the recommendations of the Director of Youth Protection. [ 10 ] Following the admissions, all parties agreed with that the security and development of the children are still in danger.

The Court pronounces the following orders.

THEREFORE, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of the children, X, born on [...], 2008, and [...], born on [...], 2009, are still in danger; [ 13 ] ORDERS that the children be entrusted to the father’s care under the following conditions: − That the father continue to live at the paternal grand-parents’ home with the children; − That the father remain sober; − That the father make a commitment to meet the NNADAP worker as needed and to follow any recommendations; [ 14 ] ORDERS that contact between the children and the mother be supervised by the Director of Youth Protection; [ 15 ] ORDERS that the mother be sober during contact with the children; [ 16 ] ORDERS that the mother collaborate with the Director of Youth Protection and provide information on any change in contact information within 48 hours; [ 17 ] AUTHORIZES the Director of Youth Protection to exchange information with service providers working with the father; [ 18 ] TAKES NOTICE of the consent of the mother to authorize the Director of Youth Protection to exchange information with service providers working with her in regard to participation, attendance and frequency; [ 19 ] RECOMMENDS that contact among all the siblings be encouraged; [ 20 ] ORDERS that aid, counsel and assistance be provided to the children and the family for a period of one year; [ 21 ] 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 child Mtre. Camille Champeval Counsel for the applicant Mtre. Marie-Josée Ayoub Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: August 15, 2017