2016 QCCQ 10950, 2016 QCCQ 10950

Protection de la jeunesse — 164786 2016 QCCQ 10950 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001679-130, 640-41-001680-138 and 640-41-001932-158 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 Y, born on […], 2009 Z, born on […], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, presently detained at Leclerc Detention Centre in Laval, Quebec, District of Laval Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the Inuulitsivik C.Y.P.C. asks the Court to review the decision rendered on October 14, 2015 by Honourable Lise Gagnon, J.C.Q., concerning the children X, 8 years old, Y, 7 years old, and Z, 22 months old.

The applicant duly authorized, Mrs [social worker 1], asks that the children remain placed in foster families until June 14, 2017. [ 2 ] The mother, absent at the hearing on July 13, 2016, was represented by Me Angela Tommasel. The father present is assisted by Me Marie-Claude De Gagné.

Me Aubrée Coutanson assisted the applicant and Me Cassandra Neptune represented the children. [ 3 ] The father admitted the alleged facts and agreed that his children be entrusted to foster families for another year. [ 4 ] Me Tommasel, for the mother, informed the Court that she disagreed with the recommendations. [ 5 ] Me Neptune, for X, made admissions and agreed to be placed in another foster home. [ 6 ] Since the last Court order, the parents' situation remained the same.

On December 2015, the mother was victim of an aggravated assault from the father who was detained until January 2016 and then released with the condition of not having contact with the mother. [ 7 ] The father moved in Town B until March 2016 and maintained contacts through regular phone calls with the mother. On April 2, he was arrested for assault with a weapon or causing harm on the mother, failing his conditions. [ 8 ] When this last incident occurred, the father was in Town A.

He could have ask for contact with his children but he never informed or asked the social worker. [ 9 ] The mother still has problems with alcohol abuse. She missed appointments with the social worker and her contacts with the baby Z had to be suspended for two months. She did not visit Y and X regularly.

After an absence of two months, in March 1, the paternal grandmother had to put an end to a home visit because the mother began to drink at their home while the children were asleep. [ 10 ] Following this incident, the mother made improvement, working more often, cleaning her house and trying to reduce her alcohol consumption. Consequently, she was aloud to receive her three children at the end of March. [ 11 ] The three children are living with the grandparents. Z has moved with them on May 30, 2016. Y and X attend school regularly.

X shows difficulties to manage with frustration and anger at school and at home. She reacts to her mother's situations and her ambivalence. [ 12 ] The social worker testified that these parents receive help from social services since 2012 and their situation remains the same. The substance abuse and conjugal violence are chronic problems. Their situation sometimes improves a little but they are unable to maintain their motivation. [ 13 ] The children need stability, security and investment of significant adults. A new reporting for X might affect the choice of the foster family.

The pregnancy of the mother might also convince her to attend therapy. [ 14 ] For those reasons, the applicant recommends the extension of the placement for a year, until June 14, 2017. In the circumstances, such recommendations are in the children's best interest.

FOR ALL THOSE REASONS, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of X, Y and Z are still in danger; [ 17 ] REVISES and EXTENDS the decision rendered on October 14, 2015; [ 18 ] ORDERS that the children X, Y and Z be entrusted to a foster family, chosen by the institution operating a child and youth protection centre until June 14, 2017; [ 19 ] ORDERS that the parents take an active

part in the application of the measures; [ 20 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the parents remain sober in the presence of the children; [ 22 ] ORDERS the Director of Youth Protection to supervise the contacts between the parents and the children as to the modalities, the frequency and the degree of supervision (third person needed); [ 23 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 24 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and their children until June 14, 2017; [ 25 ] ORDERS the Director of Youth Protection to provide X the services of an external educator for one year; [ 26 ] ORDERS the police to collaborate to the execution of this enactment; [ 27 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 13, 2016