2017 QCCQ 17429, 2017 QCCQ 17429

Protection de la jeunesse — 177840 2017 QCCQ 17429 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000433-133 DATE: October 4, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2009 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 three children of the family have been in foster care for most of their life. [ 2 ] In 2014, the Court orders that the children remain in their foster family until they reach their age of majority. At the time, the paternal grandmother is identified, in the judgment, as the foster family. [ 3 ] Both parents struggle with long lasting personal issues, notably addictions. [ 4 ] Last August, the children are removed from the paternal grandparents' environment.

It takes place when there are suspicions of inappropriate behaviour from the father towards the children. However, the investigation does not permit to draw conclusions on that matter. [ 5 ] Nonetheless, other questions are raised concerning the grandparents' cooperation and the children's well-being at their place. [ 6 ] The paternal grandmother does not provide appropriate accommodation for the children. The youths sleep on air mattresses in the living room. [ 7 ] Despite reminders from the youth protection delegate, the paternal grandmother does not respect the Court order.

She allows unsupervised visits to the father on a regular basis, including sleep overs. [ 8 ] While entrusted to their paternal grandparents, the children show impulsive behaviours. They are aggressive towards one another, trying to inflict harm to each other. Those behaviours are less present since the new placement. [ 9 ] All three children are now entrusted to their maternal grandparents, as a foster family. The latter are very cooperative with the youth protection delegate. [ 10 ] The evidence convinces the Court that it is necessary to revise the previous judgment.

However, the children have been in their new environment for a short period of time. Therefore, it is reasonable to order measures that will prevail for the next year.

[ 11 ] The application is well founded. The recommended measures, to which all parties consent, are in the children's best interest. WHEREFORE, THE COURT: [ 12 ] GRANTS the application for revision of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the DYP until October 31, 2018; [ 15 ] ORDERS that the contacts between the child and her parents are determined following agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] RECOMMENDS that the child participate in psychological counselling; [ 17 ] RECOMMENDS that the parents actively participate in psychological counselling; [ 18 ] ORDERS that the parents and the child benefit from the services of an external educator; [ 19 ] ORDERS that the parents actively participate in the measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until October 31, 2018; [ 21 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother Mr. B the father Written judgment filed on October 11, 2017