2017 QCCQ 18890, 2017 QCCQ 18890

Protection de la jeunesse — 178907 2017 QCCQ 18890 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000033-151 DATE: November 6, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2011 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] 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 A (D.Y.P.) submitted to the Court an application for the review of the decision rendered on August 31, 2016 concerning the child X, born on [...], 2011. [ 2 ] Following the child’s placement in foster home for nine months, the applicant is now asking that the placement be extended for six months with reintegration with the father. [ 3 ] At the hearing, the parents are present and represented by Me Marie-Josée Ayoub for the mother and Me Michel Grenier for the father.

The child is represented by Me Constantin Kiryakidis and Me Adelia Ferreira represents Mrs. [Social Worker 1], the applicant. [ 4 ] The D.Y.P. alledges the following facts. X and her siblings remained placed in their respective foster homes where they adapted well. The father has been sober since April 2017 and with the NNADAP worker, he filed out the application to enter a substance abuse treatment and is waiting to enter such. The father has been involved with his children and requested visits.

He lives with the paternal grandfather, who is C’s (X’s brother) foster parent. [ 5 ] The mother’s situation remains the same. She continues to consume alcohol and she is unstable. She did not participate to the social follow-up and she did not take any steps to improve her situation. She did not have regular visits with the children. [ 6 ] In her testimony, the mother said that her situation improved in the last month. She now has a regular job in City A and has her own place to live. She is stabilising herself. Her situation remains fragile. She needs support to continue.

Her financial situation is difficult and actually she cannot visit her children regularly without help from the D.Y.P. [ 7 ] The mother understands that she has to meet and to discuss with the social worker. She has to be proactive, has to demonstrate interest and motivation to improve her behaviour. [ 8 ] The father’s situation is now stabilised. He works regularly, is engaged in the social follow-up, is sober and takes care of two children. He acknowledges that X has significant bonds with the foster parents and he respects such situation. He visits X regularly and the visit’s duration increases.

Her reintegration has to be progressive, letting time to the child to adjust in her family and assuring her of the foster parent’s disponibility for her. [ 9 ] The parents agree with the recommendations of the extension of placement of X for six months with other measures.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the child X, born on […], 2011 are still in danger; [ 12 ] ORDERS her placement in a foster family for a period of six months; [ 13 ] ORDERS the father to continue his follow-up with the NNADAP worker and follow his recommendations; [ 14 ] ORDERS the D.Y.P. to supervise the contacts between the child and her parents as for the modalities, the frequency and the duration; [ 15 ] ORDERS that the parents be sober in presence of the child; [ 16 ] RECOMMENDS the mother to seek help to social services concerning her toxicomania; [ 17 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and her parents for one year; [ 18 ] ORDERS the mother to collaborate actively with the social worker and to provide her of any change of coordinates in a delay of 48 hours; [ 19 ] ENTRUSTS the situation of the child 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 child Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father Date of hearing: October 11, 2017