2018 QCCQ 17850, 2018 QCCQ 17850

Protection de la jeunesse — 188968 2018 QCCQ 17850 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-001933-156 640-41-001934-154 640-41-002108-170 DATE: October 23, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2012 Y, born on [...], 2013 Z, born on [...], 2016 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A working in Town A, Quebec, District A Applicant and A, residing and domiciled [...] Mother and B, residing and domiciled [...] Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. 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 (the Director) submitted to the Court an application for an extension of the decision rendered on October 11, 2017, by Honourable Lucille Beauchemin, J.C.Q., concerning the situation of Z, 2 years old, Y, 5 years old and X, 6 years old, children of A and B.

The Director asked the extension of the children’s placement in foster families, until August 7, 2019, for Y, until their majority for Z and X. [ 2 ] At the hearing, the children are represented by Me Cassandra Neptune. The mother was present, assisted by Me Angèle Tommasel. The absent father is represented by Me Marianne Léonard and Me Sarah Bourgeois Lessard represented the Director. [ 3 ] The Director alleged the following facts. [ 4 ] Since the last Court hearing, the situation of the parents remains the same.

They had irregular contacts with their children. [ 5 ] Z remains with the foster-mother C and he is doing well. Last March 2018, he had pneumonia for which he was hospitalized. The child displays breathing issues and has a daily medication to take. He was referred to a professional to investigate his health situation. The foster mother is willing to take care of the child until the age of majority. [ 6 ] X remains with D, her maternal grandmother and she is doing well. The foster mother is really protective towards her and has a large family network to help her.

She is willing to take care of the child until the age of majority. [ 7 ] The situation of Y is different. The child integrates gradually the foster family of E and F. In December 2017, the child was placed in this actual foster family. [ 8 ] Even if the child Y has moved to a foster family in the south, the parents have been informed of all the medical appointments he had and of the progress he has made. The parents did not try to visit him nor his siblings up north. When visits were attempted, the parents often left early or forget to show up.

For Y, the foster parents came to Town A to enable the siblings and the parents to have time together. [ 9 ] The children Z and X have developed a strong attachment with their foster parents. Z attends the local daycare program in Town A. He benefits from exposure to his culture and his language. The child is under investigation for a possible diagnosis of asthma.

[ 10 ] The child X continues to live with her maternal great-grandmother. Mrs D offers a stable, secure and sober environment. The child is very attached to her. Her aunt is also involved in taking care of her, helping the grandmother. [ 11 ] The child Y is doing well. His health condition still requires specific cares, notably medical appointments. Since May 2018, the child benefits from the services of an occupational therapist, a physiotherapist and a speech therapist. The foster parents are willing to take care of him as a long-term placement. [ 12 ] The child Y needs a specialized foster home.

He has had seventy-eight (78) foster placements within the north. Now, the foster- mother E has a back ground working with children with special needs. The child is developing a close relationship with the foster family. It’s the first time that Y is experiencing the stability stimulation support and constant care in his life. The attachment is developing. Y have been in contact by Skype with her brother and attempts are being made to include her sister and grand-mother. [ 13 ] The foster parents Mrs D and Mrs C testified.

Revision reports are filed. [ 14 ] The parents did no show interest in changing their current situation. They do not offer regular collaboration with the social worker and are not active with their children. They are both overwhelmed by their personal issues. They cannot provide what the children need. [ 15 ] Considering the evidence and the parties’ agreement with the recommendations.

FOR THESE MOTIVES, THE COURT: [ 16 ] ALLOWS the application; [ 17 ] DECLARES that the security and development of Y and Z and X are still in danger; [ 18 ] ORDERS that Y be entrusted to a foster family chosen by the institution operating a children youth protection centre until August 7, 2019; [ 19 ] RECOMMENDS that the foster family be the one of Mrs E and Mr F; [ 20 ] ORDERS the placement of Z in the foster family of Mrs C until the age of majority; [ 21 ] ORDERS the placement of X in the foster family of Mrs D until the age of majority; [ 22 ] ORDERS the Director of Youth Protection to supervise the contacts between the parents and the children as for the modalities of frequency and the degree of supervision; [ 23 ] ORDERS that the parents seek help from social services for their personal and drinking issues; [ 24 ] ORDERS the parents to remain sober and refrain from violent behaviour in the presence of their children; [ 25 ] ORDERS the Director of Youth Protection to provide the children all specific health care and services they require; [ 26 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Sarah Bourgeois Lessard Attorney for the applicant Me Cassandra Neptune Attorney for the children Me Angèle Tommasel Attorney for the mother Me Marianne Léonard Attorney for the father Date of hearing: July 25, 2018