2014 QCCQ 14782, 2014 QCCQ 14782

Protection de la jeunesse — 142940 2014 QCCQ 14782 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001542-122 640-41-001543-120 640-41-001545-125 640-41-001546-123 DATE: July 14, 2014 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born […] , 2004 Y, born […] , 2005 Z, born […] , 2008 A, born […] , 2010 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection A, Quebec, District A Applicant and B, presently at the [Center A] located in Town B, Quebec, District B Mother and C, presently at the [Center B] located in Town C , Quebec, District C Father ______________________________________________________________________ JUDGMENT (section 95 (par.1) of the Youth Protection Act) ______________________________________________________________________ JL2340 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized with four petition asking for the revision and prolongation of the last judgment rendered on October 8, 2013 concerning the situation of X, […] old, Y […] years old, Z, […] years old and A, […] years old. [ 2 ] The petitioner, Mrs [Social Worker 2], duly authorized by the Director of youth protection, asks that X and Y be entrusted to a foster family until their majority and that the other two children Z and A be entrusted to a foster family for a period of three months. [ 3 ] At the hearing, both parents are present and assisted by Me Clara Egervari for the mother and by Me Claude Beaudet for the father.

The children are represented by Me Myriam Gaudreault and Me Gabriel Gaudreault assists the petitioner. [ 4 ] Following the admissions done by both parents and the testimonies of Mrs [Social Worker 1] and [Social Worker 2] and her revision report entered in evidence, it is proved that the security and development of those children remain compromised. [ 5 ] The parents still display alcohol related problems.

They do not have their own house and the Town B Housing is refusing to provide them a house because of their history of alcohol consumption and all the party's they had in their houses. [ 6 ] The parents left to attend detox therapy in Town D and Town E on February 23, 2014. Their return are expected on April 2, 2014. [ 7 ] Since the last court order, X lives with her aunt Mrs D and she's doing well.

On February 16, 2014 Y integrated the family of Mrs D because the other foster parents were overwhelmed by her tantrums. [ 8 ] The two other children, Z and A, are in foster families and the one of Z also has problems controlling her behaviours. For A,

she had to change foster family last February 17, and then was placed in Town F for a while and she is now back in TownB. [ 9 ] The children need to create bounds with their foster parents before thinking of a life project. Consequently, the social worker recommends a short placement of three months. For Y and X, she recommends that they be entrusted to Mrs D until the age of majority.

The parents agree with the placement of Y and X with their aunt until their majority and the placement of Z and A foster families for three months. [ 10 ] As the parents just started to show their collaboration and just have finished their therapy, it is possible that they might be in position for the reintegration of the two youngest in a short delay. [ 11 ] For those reasons and to provide the children the chance to create link with their foster parents if the parents do not show interest in their reintegration in the following months, the Court orders their placement for five months.

FOR THOSE MOTIVES, THE COURT : [ 12 ] GRANTS the petition; [ 13 ] DECLARES that the security and development of the children X, born […]2004, Y, born […] 2005, Z, born […], 2008, and A, born […], 2010, are still in danger; [ 14 ] ORDERS the placement of Y and X in the foster family of Mrs D until their age of majority; [ 15 ] ORDERS the placement of A and Z in foster families for a period of five months; [ 16 ] ORDERS the Director of Youth Protection to provide aid, council and assistance to the parents and the children Y and X until their majority, and to the children A and Z for one year; [ 17 ] ORDERS the Director of Youth Protection to supervise visit rights and access of the parents with the children; [ 18 ] ORDERS that the exercise of certain attributes of parental authority be withdraws from the parents of X, Y, Z and A and granted to the Director of Youth Protection in order to signal medical, school, social recreational and extra curricular authorizations required for the children's benefit; [ 19 ] ORDERS that any police officer collaborates in the execution of the present order if required; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the purpose of the execution of the Court order. __________________________________ DENYSE LEDUC, J.C.Q.

Me Myriam Gaudreault Attorney for the children Me Gabriel Gaudreault Attorney for the Youth Protection Worker Me Claude Beaudet Attorney for the mother Me Clara Lafrance-Egervari Attorney for the father Date of hearing: May 27, 2014