2017 QCCQ 15989, 2017 QCCQ 15989

Protection de la jeunesse — 176496 2017 QCCQ 15989 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: and 635-41-000742-178 DATE: October 6, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2014 Y, born on [...], 2016 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MRS B, residing and domiciled in City A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) Y.P.A., R.S.Q. 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 of the A seizes the Court with two motions in revision of the last judgment rendered on March 2, 2017 by Honourable Jean Gravel concerning X, born on [...], 2014, and Y, born on [...], 2016.

Now, Mrs [Social Worker 1], delegate of the Director of Youth Protection, asks that the children remain entrusted to foster families until January 29, 2018. [ 2 ] At the hearing, the parents are present, assisted by Me Marianne Léonard and Me Cassandra Neptune.

Me Angèle Tommasel represents the children and Me Geneviève Apollon, the applicant. [ 3 ] Following the amendment made by the applicant changing the duration of X’s placement, five months of placement in foster family instead of her placement until her majority, the same placement duration that the one recommended for Y, the parents and the children agree with the measures. [ 4 ] The parties admit most of the allegations and the social worker and the father testify. A revision report is filed. [ 5 ] Evidence reveals that the mother did not seek help for her alcohol consumption issues.

The father did not either attend therapies for his personal issues (substance abuse and sexual deviance issues). The father still does not recognize he has an alcohol consumption issues and that he uses violence in his relationship. In such situation, he still represents a danger for his children. [ 6 ] The children are doing very well in foster care. As they both need special services, the foster parents provide them all those services. Y needs physiotherapy follow-up and stimulation. He met an ORL specialist regularly for his frequent otitis.

In order to address his belt weakness and be able to walk, he has about 30 minutes worth exercises to do daily. [ 7 ] The child X improves her behaviours. She beneficiates from the educated and experienced foster parents.

They are sensitive and patient with X’s behaviours. [ 8 ] Because of the sexual charges of the father, because the mother does not acknowledge the danger the father represents for the children, because she is not able to protect her children, particularly when under the influence of alcohol, it is necessary to maintain the children entrusted to foster family. [ 9 ] As the mother met with Dr Beltempo, the Director of Youth Protection continue to provide her all the services recommended to help her understand the seriousness of the situation and provide her tools to protect her children. [ 10 ] If the mother does not show motivation in such services and if she does not seek help for her alcohol consumption abuse, the Director of Youth Protection will elaborate a life project for the children.

[ 11 ] Both parents agree with the measures and declare that they are motivated to seek therapies. It is now their decision to show their real motivation to have their children back at the end of January 2018.

FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the motions; [ 13 ] DECLARES that the security and development of X and Y are still in danger; [ 14 ] ORDERS that the children X and Y be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely the one of Mr C, until January 29, 2018; [ 15 ] ORDERS the Director of Youth Protection to provide the children the specific health care and health services required; [ 16 ] ORDERS the Director of Youth Protection to provide the parents and the children the services of an external educator; [ 17 ] ORDERS the parents to seek help and therapies through Social Services concerning their alcohol consumption, their conjugal violence and the sexual deviance issue of the father; [ 18 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until January 29, 2018; [ 19 ] ORDERS the Director of Youth Protection to supervise the contacts between the parents and the children as for the modalities, the frequency and the degree of supervision; [ 20 ] ORDERS the parents to remain sober in presence of the children; [ 21 ] ORDERS the police officer to collaborate in the execution of the present order; [ 22 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Marianne Léonard Attorney for the mother Me Cassandra Neptune Attorney for the father Me Angèle Tommasel Attorney for the children Date of hearing: September 6, 2017