2016 QCCQ 16415, 2016 QCCQ 16415

Protection de la jeunesse — 167517 2016 QCCQ 16415 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos : 635-41-000467-123, 635-41-000626-140 and 635-41-000627-148 DATE: November 16, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born [...], 2011 Y, born on [...], 2014 Z, born on [...], 2007 MRS A, youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS B, residing and domiciled in Town A, Quebec, District A Mother and MR C, residing and domiciled in Town A, Quebec, District A Father of the child Y and MR D, presently detained in the Detention Center at Town B, Quebec, District B Father of the child Z JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the A CYPC asks the Court to review and to extend the decisions rendered on March 14, 2016 by Honorable Jean Gravel concerning the situation of X, 5 years old, Y, 2 years old, and Z, 9 years old. [ 2 ] The applicant recommends that the children be entrusted to foster families until May 24, 2017. [ 3 ] At the hearing, the children are represented by Me Marie-Claude De Gagné, the mother by Me Cassandra Neptune, the applicant by Me Geneviève Apollon and Y’s father by Me Angela Tommasel.

Mr D, father of Z, is present. [ 4 ] The mother, Mr D and Mr C admit most of the alleged facts and agree with the recommendations. [ 5 ] The mother is still dealing with alcohol and drug problems. She did not attend any treatment program yet. Consequently, she did not work on her personal issues and cannot assume the children. There is still a restraining order in effect between the mother and Mr C. [ 6 ] Mr C has the parental capacities to assume Y but he is not in position to do so now.

His health situation does not allow it now and he has to recover before. [ 7 ] Mr D is serving a sentence of imprisonment for an assault that occurred in 2012. He is now in the program of [center A] and he should be released around April 2017. He has regular contacts with his daughter. [ 8 ] The children are doing well in their foster homes. The foster mother of Z and X is dealing with the contacts with the mother. She supervises them, and consequently, they are regular.

The children also have contacts with the extended family. [ 9 ] Considering that no parent is in position to assume the children and that the mother intends to attend therapy at Le Portage and will file soon her application;

[ 10 ] Considering the parties’ agreement to the recommendations as amended and the revision reports; FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of the children X, Y and Z are still in danger; [ 13 ] ORDERS the placement of the children X, Y and Z in foster families until May 24, 2017 and ALLOWS Y’s reintegration with his father when his father’s health situation will allow it; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until May 24, 2017; [ 15 ] ORDERS the mother to refrain from consuming alcohol or to be under the influence of alcohol or drugs in the presence of the children; [ 16 ] RECOMMENDS that the mother maintain her follow-up with the CLSC’s worker and the addiction specialist on a regular basis for her alcohol issue; [ 17 ] RECOMMENDS the mother to participate actively with her therapy and social follow-up; [ 18 ] ORDERS the Director of Youth Protection to supervise the visits and access of the children with the parents; [ 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.

Me Geneviève Apollon Attorney for the applicant Me Cassandra Neptune Attorney for the mother Me Angela Tommasel Attorney for the father of Y Me Marie-Claude De Gagné Attorney for the children Date of hearing: October 13, 2016