2016 QCCQ 3922, 2016 QCCQ 3922

Protection de la jeunesse — 162271 2016 QCCQ 3922 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 615-41-001895-142 615-41-001896-140 615-41-001897-148 615-41-001898-146 DATE: March 11, 2016 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1999 Y, born on [...], 2002 Z, born on [...], 2004 A, born on [...], 2006 [SOCIAL WORKER 1], in her capacity as person authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] in Town A, district A, [...] Petitioner and B, domiciled and residing at [...] of Town B, province A, [...] Mother and C, presently incarcerated at Établissement Port Cartier, 1, rue de l’Aéroport in Port Cartier, district of Mingan, G5B 2W2 Father ______________________________________________________________________ JUDGMENT (sections 95 (1st and 2nd) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 asks the Court to review and extend the previous decision concerning the situation of X, Y, Z and A, pursuant to

section 95, first paragraph, and

section 75 of the Youth Protection Act . [ 2 ] At the hearing, the parents were not present despite the fact that the proceedings were duly served. [ 3 ] The father, Mr. C, is incarcerated at the penitentiary at Établissement Port Cartier. Mrs. [Social Worker 1], the petitioner, spoke regularly with him. She advised him of the importance of receiving counsel from a lawyer in order to take the necessary steps to be present at the hearing. [ 4 ] The mother, Mrs.

B, resides in the province A and has not been involved in the life of her children for the past few years. [ 5 ] The evidence shows that the father is still serving his prison sentence. He was transferred to a transition house around February 6, 2016. He returned to the penitentiary at Établissement Port Cartier a few days later. [ 6 ] According to the document sent by the penitentiary, concerning Mr. C's progress, he did not undergo any therapy for violence, sexual abuse or addiction. On November 23, 2015, he agreed to start medication for his anxiety. [ 7 ] Since the last Court hearing, Mr.

C has stayed in regular contact with Mrs. [Social Worker 1] and his sons. He remains positive and motivating for them. According to the revision report, the father maintains a positive influence and helps them to accept the placement as well as to make efforts at school and in their social environment. [ 8 ] The father seems to be dealing with a heavy and painful past that has an impact on his parental abilities and his ability to

control his aggressiveness. It is difficult to foresee how he would cooperate in undergoing all the recommended therapies after his release. [ 9 ] In the previous decision, rendered on November 26, 2014, the Honourable Marc Ouimette J. ordered implementation of the draft agreement.

In that document, the father agreed to the recommendation that he participate in a psychosexual evaluation and anger management therapy, and an evaluation for drug and alcohol abuse. [ 10 ] At the moment, it is difficult to believe that the father will have completed the therapies by the end of his confinement. [ 11 ] Considering the situation of the father and the lapse of time necessary to complete the therapies, the Court believes that it is important to stabilize the situation of the children. [ 12 ] It will be possible for the father, after his release, to request a review of the situation, if he demonstrates that it is in the best interest of his children to return to him before their majority. [ 13 ] The Court wants to emphasize that the positive attitude of the father regarding the placement of his children helps them to accept their situation and to develop positively in their foster home.

It shows that the father is able to prioritize the interest of his children. [ 14 ] All the children seem to be very calm, healthy and respectful. None has a behavioural disturbance problem, even if they have all experienced difficulties in their lives. [ 15 ] Concerning the request to withdraw from the parents certain attributes of parental authority, the Court believes that it is necessary considering how difficult it is to reach the father in the penitentiary facilities, particularly when he is transferred from one establishment to another.

The father will be kept informed, but parental authorization will be transferred to the Director of Youth Protection to ensure that the needs of the children will be met promptly.

FOR ALL THE ABOVE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] REVIEWS the situation of X, born on [...], 1999, Y, born on [...], 2002, Z, born on [...], 2004 and A, born on [...], 2006; [ 18 ] ORDERS that the children be entrusted to a foster family until they reach the age of majority; [ 19 ] ORDERS that the contacts between the children and their parents, including contact by telephone or any other means of communication, be supervised by the Director of Youth Protection as to the terms and frequency, including supervision by a third party assigned by the Director; [ 20 ] ORDERS that the Director of Youth Protection provide aid, counselling and assistance to the children and the father until the children reach the age of majority; [ 21 ] ORDERS that the father and the children take an active

part in the measures ordered by the Court; [ 22 ] ORDERS that contacts between the siblings be encouraged; [ 23 ] RECOMMENDS that the father participate in a psychosexual evaluation and anger management therapy, and an evaluation for drug and alcohol abuse; [ 24 ] ORDERS that the children receive the health care and health services required by their condition; [ 25 ] ORDERS that certain attributes of parental authority be withdrawn from the parents and that the right to give parental authorization for medical care, education, travel, social activities, passports, driver’s licenses or any other purpose be transferred to the Director of Youth Protection; [ 26 ] ORDERS any police force to cooperate for the purpose of executing this judgment, if so requested by the Director of Youth Protection; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Claude Cossette For the children Mtre. Valérie Martel

For the petitioner Date of hearing: February 18, 2016