2017 QCCQ 13724, 2017 QCCQ 13724

Protection de la jeunesse — 176088 2017 QCCQ 13724 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] CREE VILLAGE OF [...] Youth Division Nos. 614-41-000159-162 614-41-000160-160 DATE: September 14, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 Y, born on [...], 2005 [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A , residing and domiciled in City A, District A Mother and B, residing and domiciled in City B, District A Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75 of the Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The applicant has brought motions for review of a judgment rendered by the Honourable Denyse Leduc. [ 2 ] The applicant is seeking an extension of the children's placement with a foster family for one year and possible reintegration with the mother after three months, if the situation allows. [ 3 ] The mother and the children agree with the plan proposed.

The children are anxious to return with their mother but they understand that it is important for her to take time for her healing process. [ 4 ] Since the last judgment, the mother has attended a treatment program for substance abuse. She returned to the community in July. She states that she has been sober since the completion of her treatment. [ 5 ] According to the applicant's testimony, the mother cooperates very well.

She is mobilized to achieve her goal to stay sober and have a healthy way of life. [ 6 ] The mother also wants to offer a better environment for her children and is currently working at improving her home by cleaning and repairing her house. [ 7 ] Although the mother has done very well, the Director of Youth Protection requests further involvement to support the mother and the children and ensure that the mother maintains the progress achieved. [ 8 ] Given the evidence as a whole, the Court concludes that the security and development of the children are still in danger and considers that the recommendations of the Director of Youth Protection are appropriate and in the children’s best interest.

FOR THESE REASONS, THE COURT: [ 9 ] ALLOWS the motions; [ 10 ] DECLARES that the security and development of the children X, born on [...], 2004, and Y, born on [...], 2005, are still in danger;

[ 11 ] ORDERS that the children be entrusted to a foster home for one year with reintegration into the mother's home after three months, if the situation allows; [ 12 ] RECOMMENDS that the foster home be that of C; [ 13 ] ORDERS that the mother continue to seek help for her personal issues, including substance abuse; [ 14 ] ORDERS that the children receive all the medical, psychological, social and educational services deemed necessary for their development; [ 15 ] ACKNOWLEDGES the consent given by the parents in order for the Director of Youth Protection to obtain and share information with the service providers working with the children and the parents; [ 16 ] ORDERS that contact between the children and the parents be supervised by the Director of Youth Protection with respect to frequency, terms and the need for a third party, if requested; [ 17 ] ORDERS the parents to cooperate with the Director of Youth Protection and to regularly report to the Director on their situation; [ 18 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for one year; [ 19 ] RECOMMENDS that the father follow treatment for his substance abuse issues and that he obtain help in finding a treatment centre; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who will see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé Counsel for the children Mtre. Camille Champeval Counsel for the applicant Mtre. Michel Grenier Counsel for the mother Mtre. Marie-Josée Ayoub Counsel for the father Date of hearing: August 17, 2017