2017 QCCQ 18484, 2017 QCCQ 18484

Protection de la jeunesse — 178909 2017 QCCQ 18484 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000085-169 614-41-000090-169 614-41-000182-172 DATE: November 6, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2015 Y, born on […], 2014 Z, born on […], 2017 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 of A (D.Y.P.) submits to the Court three applications for the review of the decisions rendered on April 20, 2017 for X and Y and on April 21, 2017 for Z, by Honourable Judge Lucille Beauchemin, concerning the situation of X, 2 years old, Y, 3 years old and Z, 10 months old. [ 2 ] The applicant, Mrs. [Social Worker 1], asks now that the children’s placement in foster home be extended until their majority. [ 3 ] At the hearing, the mother is present assisted by Me Marie-Josée Ayoub.

The detained father is present and assisted by Me Michel Grenier. Mr. B is the declared father of Z and is the undeclared father of Y and X. The children are represented by Me Constantin Kiryakidis and Me Camille Champeval represents the applicant. [ 4 ] The parents admits most of the allegations in support of the motions in revision and extension and they both agree with the measures. [ 5 ] They acknowledge that they cannot assume the children. The father is serving a sentence of 13 months of imprisonment rendered on September 16 for assault on the mother.

He did not comply with the previous judgment and did not seek for help for his issues. [ 6 ] The mother is still has drinking and drugs problems. She did not seek any treatment for her issues. [ 7 ] The parents did not have any visits with their children. Z integrated the foster family of C and D in Town A after her discharge from hospital on February 7, 2017. She is doing well in this family. She attends daycare and receives all the care she needs. [ 8 ] X and Y were placed in foster families in Town B. The foster parents became ambivalent about caring for Yuntil his majority last May because of his behaviour.

They were ready to raise X. [ 9 ] Because of the bonds between the children, the D.Y.P. decided that the children would not be separated. As ordered, they were planning a permanent life project for the three children. The foster parents of Z accepted to foster them and in August, they met with Y and X.

[ 10 ] The foster mother testifies that the children are adapted to this new environment. The behaviour problems of Y decrease. He is now calmer and he attends daycare every day. The children are doing fine with the other child placed in the foster family. [ 11 ] The foster mother and her spouse are committed to the children and are ready to provide them the stability, security and all the cares they need. They are opened to the parent’s visit. [ 12 ] The social worker testifies that she never met the mother since the last judgment, never organised any parents visit to the children.

She never met the children nor observed them in the foster family. A social worker was involved in Town B when two children were placed there. Another one is attached to the baby girl in Town A. The applicant is not aware of the interventions those collegues made. She concentrated on the goal to reunite the three children and develop a life project. [ 13 ] The evidence provided does not prove that bonds are created between the foster parents and the two oldest children.

A life plan is submitted but the Court needs to know if the children are well adjust to the new foster family, to the new community and if they had reactions to such changes. [ 14 ] In the previous judgment, it was mentioned the possibility that Y might be affected of fetal alcohol syndrome because he had tantrums and that his sister was starting to develop the same behaviour. [ 15 ] What are the results of the medical investigations and are the parents aware of their possible medical problems?

The children have been placed in three different homes in two years, are they able to develop stable relationship with substitute parents? [ 16 ] Such evidence is required before pronouncing a placement until majority in a specific foster family. [ 17 ] Considering that the evidence is not complete, the Court cannot at this stage pronounce the placement of the children until their majority.

CONSEQUENTLY, THE COURT: [ 18 ] GRANTS partly the motions; [ 19 ] DECLARES that the security and development of the children X, born on […], 2015, YY, born on […], 2014 and Z, born on […], 2017 are still in danger; [ 20 ] ORDERS the placement of the children in foster family for a period of six months, until May 25, 2018; [ 21 ] ORDERS the D.Y.P. to supervise the visits of the parents to the children as for the modalities, the frequency, the duration and the degree of supervision; [ 22 ] RECOMMENDS that the D.Y.P. provides financial help for the transportation of the parents in the community of the foster family; [ 23 ] ORDERS that the children receive health care and health services required by their condition; [ 24 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the children and the parents until May 25, 2018; [ 25 ] ENTRUSTS the situation of the children to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Constantin Kiryakidis Attorney for the children Me Camille Champeval Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: October 13, 2017