2016 QCCQ 16419, 2016 QCCQ 16419

Protection de la jeunesse — 167521 2016 QCCQ 16419 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000587-144 635-41-000588-142 DATE: November 15, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 1999 Y, born on [...], 2004 [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A Applicant and A, residing and domiciled in Town A, Quebec, district A Mother and THE PUBLIC CURATOR, […], Town B, district B Interested Party ______________________________________________________________________ JUDGMENT (Sections 95 (par.1) and 75, Y.P.A., CQLR, 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 Y.P.A.). [ 1 ] The Director of Youth Protection asks to the Court to review and to extend the decisions rendered on October 15, 2015, by Honourable Lise Gagnon, J.C.Q., concerning Y, 12 years old, and X, 17 years old.

The applicant wants them to be placed in the foster family of Mr. B until their ages of majority. [ 2 ] At the hearing, the mother is present and assisted by Mtre. Marie-Claude De Gagné, the children are represented by Mtre. Kimon Kling and Mtre. Geneviève Apollon assists the applicant. [ 3 ] The mother admits all the alleged facts and agrees with the placement of her children at Mr. B’s place, their uncle. [ 4 ] The children admit partially the alleged facts and agree with the recommendations. [ 5 ] A revision report is filed and their uncle B testifies.

He is interested to assume the children and to provide them a secure and stable family environment. [ 6 ] The mother’s situation remains similar as the previous one. She consumes alcohol and often is victim of conjugal violence. She is under the Public Curator because of her cognitive inabilities. Her health condition does not permit her to take care of the children without the uncle’s help and assistance. The mother resides also at Mr. B’s residence.

She offers good collaboration with the social worker. [ 7 ] CONSIDERING the evidence and the agreement of the mother and the children; FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the motions; [ 9 ] DECLARES that the security and development of Y and X are still in danger; [ 10 ] ORDERS that the children be entrusted to the foster family namely Mr. B until their majority;

[ 11 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the mother and the children until the end of the judgment; [ 12 ] ORDERS the mother to remain sober in the presence of the children; [ 13 ] RECOMMENDS the mother to seek help through the Social Services concerning her alcohol and drugs problems; [ 14 ] WITHDRAWS the exercise of certain attributes of the parental authority from the mother and GRANTS it to the Director of Youth Protection as medical, school, travelling, passport and social activities; [ 15 ] ORDERS the children to attend school on a regular basis; [ 16 ] ORDERS the police to collaborate to the execution of the enactment; [ 17 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Mtre. Geneviève Apollon Attorney for the applicant Mtre. Kimon Kling Attorney for the children Mtre. Marie-Claude De Gagné Attorney for the mother Date of hearing: October 14, 2016