2016 QCCQ 16414, 2016 QCCQ 16414

Protection de la jeunesse — 167516 2016 QCCQ 16414 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000455-128 635-41-000456-126 DATE: November 15, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THER MATTER OF: X, born on [...], 2007 Y, born on [...], 2001 [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75, Y.P.A., CQLR, c.

P-34.1 ) ______________________________________________________________________ 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 Director of Youth Protection A C.Y.P.C. asks to the Court to review and to extend the decisions rendered on June 16, 2015, by Honourable Lise Gagnon, J.C.Q., concerning the situation of Y, 14 ½ years old, and X, 9 years old.

He asks also that the children remain placed in the foster family of their uncle Mr. B until their ages of majority. [ 2 ] At the hearing, the mother is assisted by Mtre. Angèle Tommasel, the children are represented by Mtre. Cassandra Neptune and Mtre. Geneviève Apollon represents the applicant. [ 3 ] The mother admits most of the facts alleged and agrees with the placement, but she disagrees with the duration. [ 4 ] The children admit few allegations and agree with the recommendation included in the revision report filed. [ 5 ] The children are doing well under their uncle’s care.

Y improved her behavior and is attending school regularly. She refused to participate to the social and psychological follow-up. Up to now, the structures and supervision provided by her uncle B are sufficient. [ 6 ] The children’s mother also lives at B’s residence. Some incidents occurred last April. The mother was assaulted by her boyfriend in the family house in the presence of the children. She was assaulted twice: on April 16 and 30.

April 19, the mother was arrested for threatening another woman at a homeless shelter. [ 7 ] The mother testifies that she is sober since six months and is stable since eleven months, after she left Town B and came back to live with her brother in Town A, but the mother does not offer any collaboration with the social worker. [ 8 ] The evidence reveals that the mother’s situation is fragile and she is not in position to assume her daughters and we do not know when she will. [ 9 ] Those children are placed for more than two years and they need to evolve in a stable and secure environment.

It is in their best interest that they remain placed with their uncle and have positive contacts with their mother. [ 10 ] The foster parent, Mr. B, agrees to assume the children until each of them reaches her age of majority. [ 11 ] CONSEDERING the evidence, FOR THOSE MOTIVES, THE COURT: [ 12 ] GRANTS the motions;

[ 13 ] DECLARES that the security and development of X and Y are still in danger; [ 14 ] ORDERS the placement of X and Y in the foster family of Mr.

B until their ages of majority; [ 15 ] ORDERS the mother to remain sober in presence of the children; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the mother until [...], 2025 for X and [...], 2019 for Y; [ 17 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and GRANTS it to the Director of Youth Protection for all consents for medical, school, travelling, passport and social activities; [ 18 ] ORDERS the mother and the children to collaborate actively with the social worker; [ 19 ] ORDERS the police to collaborate to the execution of the enactment; [ 20 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Mtre. Geneviève Apollon Attorney for the applicant Mtre. Cassandra Neptune Attorney for the children Mtre. Angèle Tommasel Attorney for the mother Date of hearing: October 14, 2016