2014 QCCQ 13457, 2014 QCCQ 13457

Protection de la jeunesse — 141987 2014 QCCQ 13457 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640-41-001581-138 640-41-001582-136 DATE: March 17, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A , working in CITY A Applicant and X, born on [...], 2009 Y, born on [...], 2007 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , CQLR., c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 applied, under

section 95 of the Youth Protection Act , [1] for the review of a decision rendered on July 29, 2013 by Lise Gagnon J.C.Q. At that time, Y and X were placed in a foster family for six months. [ 2 ] At the hearing, the children were represented by counsel, the mother was not present even though a prepaid plane ticket had been offered to her, and the father was not present, although represented by counsel; Mtre. Robert-André Adam acted on behalf of the petitioner. [ 3 ] The Court heard Mr. [Social Worker 1] , youth protection worker in CITY A . He filed a revision report.

He recommended that Y and X be entrusted to a foster family for another six months, in order to prepare their return to the father. [ 4 ] All the parties agreed with the measures proposed by the Youth Protection services. [ 5 ] It is in the best interest of Y and X that they be entrusted to a foster family. [ 6 ] FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motions; [ 8 ] REVISES the decision or order rendered on July 29, 2013; [ 9 ] DECLARES that the security and the development of the children continue to be in danger; [ 10 ] ORDERS that the children be entrusted to foster care for a period of six months, with the possibility of returning to the father, if the situation allows it;

[ 11 ] ORDERS that access and visitation rights be encouraged, but only if the parents are sober; [ 12 ] ORDERS that Ms. A be assessed by a psychologist or psychiatrist; [ 13 ] ORDERS that Ms. A take

part in treatment for her alcohol problem and anger management as soon as possible; [ 14 ] ORDERS that the parents take an active

part in the application of any measures ordered by the Court; [ 15 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the parents; [ 16 ] ORDERS that the police cooperate in the execution of this order; [ 17 ] ENTRUSTS the situation of the children, X and Y , to the Director of Youth Protection A , who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q. Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre.

Joannie Jacob Centre communautaire juridique A Counsel for the children Mtre. Angèle Tommasel Counsel for the father Date of hearing: February 4, 2014