2015 QCCQ 19998, 2015 QCCQ 19998

Protection de la jeunesse — 157366 2015 QCCQ 19998 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001651-139 DATE: August 31, 2015 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2008 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection S, working in City A, A district; Applicant and A, residing and domiciled in City A, A district; Mother and B, residing and domiciled in City A, A district; Father ______________________________________________________________________ JUDGMENT (

section 95 of the Youth Protection Act , 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 presented a motion to review and extend the previous Court order.

He submitted a life plan for the child X, asking for her placement in a foster family until she reaches the age of majority. [ 2 ] At the hearing, the mother was present and represented by Mtre. Michel Grenier. The father was also present and represented by Mtre. Yan Massé. Mtre. Myriam Gaudreault acted on behalf of the child, and Mtre. Suzanne Arpin represented the Director of Youth Protection. [ 3 ] The parents admitted most of the allegations in the motion. They agreed with the recommendation that their child be entrusted to the foster family of C and D on a long term basis.

They acknowledged that they still have personal issues that interfere with their capacity to take care of the child. [ 4 ] They admit the following facts: − The situation of the family has been followed by Youth Protection for many years because of the neglect and the psychological ill treatment that the children suffered and the unstable lifestyle of the parents; − The parents were known to have important alcohol related problems and conjugal violence issues, even in the presence of the children; − The children were left unattended; sometimes they were hungry and scared to go back home; − The parents are separated and the father is living with his parents; − The father did not take steps for his personal issues and still struggles with alcohol-related problems; − The mother very recently took steps to address her alcohol and drug issues and started to demonstrate stability in her life; − The mother cooperates with the Director of Youth Protection and with the NADAPP worker. [ 5 ] Both parents agree that the child needs to be stabilized on a long term basis.

The mother acknowledges that her improvement is recent and still fragile. She needs professional help to maintain her sobriety and her new lifestyle. [ 6 ] The child has been placed with Mrs. C and Mr. D since December 2014. She is attached to her foster parents and has adjusted well to their environment. She has some sister issues with her young sister, who is also under the care of the same foster family. The foster parents are able to deal with them and accept help and support as required.

[ 7 ] The parents will have visiting rights that should take the needs of the child and the situation of the parents into consideration. The Director of Youth Protection will have to supervise the frequency, duration and terms of those rights. [ 8 ] As for the applicant’s request to withdraw certain attributes of parental authority concerning the child X, the evidence does not support that conclusion.

The parents are available and fully capable of deciding in the best interest of their daughter. [ 9 ] Considering the revision report filed and the testimony of Mr. [Intervenner 1], youth protection worker; [ 10 ] Considering the testimony of the foster parents, who expressed their commitment to the child until she reaches the age of majority; [ 11 ] Considering the needs of the child and her best interest that will be served through a permanent life plan; FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] REVISES the decision or order rendered on December 8, 2014; [ 14 ] DECLARES that the security or development of the child X, born on [...], 2008, are still in danger; [ 15 ] ORDERS that the child be entrusted to a foster family, under the care of C and D, until she reaches the age of majority; [ 16 ] ORDERS that aid, counselling and assistance be provided to the child, the parents and the foster parents until X reaches her majority; [ 17 ] ORDERS the mother to continue her follow-up for alcohol issues; [ 18 ] ORDERS the father to seek help from a NADAPP worker and follow the recommendations of the worker in order to resolve his alcohol problems; [ 19 ] ORDERS that the child’s visits with the parents be supervised by the Director of Youth Protection as to frequency and terms; [ 20 ] RECOMMENDS that contact between the child and her siblings be encouraged; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Myriam Gaudreault For the child Mtre. Suzanne Arpin For the applicant Mtre. Michel Grenier For the mother Mtre. Yan Massé For the father Date of hearing: July 6, 2015