2014 QCCQ 13455, 2014 QCCQ 13455

Protection de la jeunesse — 141985 2014 QCCQ 13455 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos: 640-41-001551-131 640-41-001552-139 DATE: March 17, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [INTERVENANTE 1] , youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in TOWN A Applicant and X, born on […], 2008 Y, born on […], 2011 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ 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 applied for the review of a decision rendered on August 1, 2013 by Lise Gagnon J.C.Q.

At that time, X was entrusted to her maternal great grandmother, C, for a period of six months and Y was entrusted to his father with the possibility of returning to the mother’s home, if the situation allowed it. [ 2 ] At the hearing, X and Y were assisted by Mtre. Angèle Tommasel, the mother by Mtre. Marie Claude De Gagné and the father by Mtre. Joannie Jacob; Mtre. Robert-André Adam acted on behalf of the petitioner. [ 3 ] Recently, the father was charged with assault on the mother and the child Y.

The father is now detained. [ 4 ] The mother has been back in the community since January 10, after a period of detention (mid-October to January 6, 2014). [ 5 ] The mother also went to TOWN B for treatment for an alcohol problem. [ 6 ] The mother was able to remain sober from January 6 to the hearing held on February 3, 2014. [ 7 ] The mother is now living with her grandmother and her child, X. [ 8 ] She is struggling with her addiction to alcohol. [ 9 ] The mother has met the youth protection worker only once since being back in her community. [ 10 ] The mother wished to have the care and custody of X and Y. [ 11 ] At the hearing, the father was emotional and he wanted to take care of his children after his jail sentence.

[ 12 ] The Court heard Mrs. [Social Worker 1], youth protection worker in Town A. She filed a revision report. She recommended that X be entrusted to her great grandmother for a period of six months. [ 13 ] The mother now lives with her grandmother. She has access to her daughter every day. [ 14 ] Y is living with his paternal grandfather and he is doing well.

Mrs. [Social Worker 1] recommended that Y be fostered with his paternal grandparents for the next six months, to allow for an assessment of the situation. [ 15 ] FOR THESE REASONS, THE COURT: FOR X [ 16 ] GRANTS the motion; [ 17 ] REVISES the decision or order rendered on August 1, 2013; [ 18 ] DECLARES that the security and the development of the child continue to be in danger; [ 19 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered by the Court; [ 20 ] ORDERS that the child be entrusted to C (maternal great grandmother) for a period of six months and that a life plan be prepared for the child; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her parents; [ 22 ] ORDERS that the parents report once a week to the Youth Protection services in order to evaluate their progress; [ 23 ] ORDERS that the parents stay sober in the presence of the child; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out.

FOR Y [ 26 ] GRANTS the motion; [ 27 ] REVISES the decision or order rendered on August 1, 2013; [ 28 ] DECLARES that the security and the development of the child continue to be in danger; [ 29 ] ORDERS that the child be entrusted to foster care for six months; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family; [ 31 ] ORDERS that the parents undertake to take an active

part in the application of the measures ordered by the Court; [ 32 ] ORDERS that the parents stay sober in the presence of the child; [ 33 ] ORDERS that contact between Y and his parents be determined by the Director of Youth Protection as to the terms and frequency; [ 34 ] ORDERS the police to cooperate in the execution of this judgment; [ 35 ] ENTRUSTS the situation of the child, Y, to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out; [ 36 ] ORDERS all the measures for six months. __________________________________ MARC OUIMETTE, J.C.Q. Mtre.

Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Me Angèle Tommasel Counsel for the children Mtre Marie Claude De Gagné

Counsel for the mother Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the father Date of hearing: February 3, 2014