2011 QCCQ 6036, 2011 QCCQ 6036

Protection de la jeunesse — 11276 2011 QCCQ 6036 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] « Youth Chamber » DATE : January 26, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : N° : 635-41-000262-094 X 2002-[…] 635-41-000263-092 Y 2004-[…] [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection C.Y.P.C.

A, Quebec, district A Applicant And A, residing and domiciled in city A, Quebec , district A Mother of X And B, residing and domiciled in city A, Quebec, district A Mother of Y And C, residing and domiciled in city A, Quebec , district A Caregiver ______________________________________________________________________ JL2340 JUDGMENT (Section 95 (par. 1) Y.P.A. , chap. P-34.1 R.S.Q. ) [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection C.Y.P.C.

A, seizes the Court with two motions for revision of the judgment rendered by Judge Nancy McKenna on July 2, 2010 concerning the situation of X, born on […], 2002, and Y, born on […], 2004. She asks that the children be placed in a foster family for six months with reintegration with the grandparents, acting parents. [ 2 ] At the hearing, the grandparents are presents. The children are represented by Me Denis Trottier and Me Robert-André Adam represents the petitioner. [ 3 ] As mentioned previously in judgments, the mothers of the children, A for X, and B for Y, are both the daughters of Mrs C and Mr D.

The daughters gave away their children by way of traditional adoption. Therefore, the Court considers the grandparents to be

acting parents under the Youth Protection Act. [ 4 ] The grandparents acknowledge that their situation improved, but that they still need more time. Mrs C attended treatment in city B and left before the end of the therapy, but accepted to participate in an outpatient treatment with the social worker. She collaborated well until November. Then, her motivation decreased, but now she regains it. She kept regular contacts with the children and the visits went well. Mrs C and her spouse continued to consume alcohol, but less frequently and not in presence of the children.

Mrs C succeeded to remain sober for two months. [ 5 ] The children are fostered in the same family and are well cared by the foster mother. They are happy in city C, but miss their parents.

They are anxious to come back with them in city A. [ 6 ] Even if they have been living in foster families for twenty months, the Director of Youth Protection has been unable to provide them a stable family who might offer them a life project. [ 7 ] Considering the serious problem of the lack of foster families, the bound between the children and the grandparents, their collaboration, the slow improvement of their situation and the grandmother's will in having her children back, the Court extends the placement of the children for six months. [ 8 ] A revision report is filed and the grandparents and social worker testified. [ 9 ] Reintegration might be possible during the next months if the grandparents collaborate and meet regularly with the social worker.

They need to stop drinking and develop parental capacities, in such way, they will be able to offer a structured environment to the children. [ 10 ] Considering the evidence and the parties' agreement, [ 11 ] FOR THESE MOTIVES, THE COURT : [ 12 ] GRANTS the petitions; [ 13 ] DECLARES that the security and development of X and Y are still in danger; [ 14 ] ORDERS the foster care of X and Y in a foster home for a period of six months with progressive reintegration with the grandparents as soon as the situation allows it; [ 15 ] ORDERS the Director of Youth Protection to supervise the visit rights and access between the children and the grandparents; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and the grandparents for a period of one year; [ 17 ] ORDERS the grandparents to participate and to collaborate actively in the measures proposed to correct the situation; [ 18 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 19 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Robert-André Adam, attorney for the applicant Me Denis Trottier, attorney for the children Date of hearing : December 14, 2010