2017 QCCQ 20118, 2017 QCCQ 20118

Protection de la jeunesse — 1710374 2017 QCCQ 20118 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: September 11, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2000 614-41-000115-164 Y, born on [...] 2005 614-41-000116-162 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], Y outh Protection Worker, duly authorized by the Director of Youth Protection of A APPLICANT AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 presents motions asking the Court to review and extend a previous judgment rendered on November 11, 2016, by the honourable judge Lucille Beauchemin, J.C.Q., who ordered the placement of both children in foster families until June 23, 2017. [ 2 ] At the hearing, both youths are present and represented by Mtre. Constantin Kiryakidis. Mtre. Michel Grenier acts on behalf of the mother and Mtre. Marie-Josée Ayoub on behalf of the father.

The applicant is represented by Mtre. Camille Champeval. [ 3 ] All the parties agree with the recommendations of the Director of Youth Protection. The revision report is filed in evidence and Mrs. [Social Worker 1] is offered in cross-examination. [ 4 ] From the evidence it appears that the parents are no longer a couple. Both continue to have drug and alcohol consumption issues. They would like to attend a treatment centre in order to solve these problems.

The Court has to mention that the mother has already attended a treatment centre last year, but unfortunately, she resumed her consumption. [ 5 ] Both children had to be transferred from their former foster family at the end of June. The mother often communicated with the foster home, complaining and criticizing them. She also posted negative comments on Facebook, and this affected particularly Y. [ 6 ] During the June 16 weekend, both parents were under the influence of intoxicating substances and the mother was beaten by the father.

The father was detained in City A for a few days before being released. [ 7 ] It appears that it is necessary to extend the placement of both children in foster family.

They can’t be returned to the custody of their parents since they are still struggling with their own issues (intoxicating substances and violence). [ 8 ] FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] REVIEWS and EXTENDS the judgment rendered on November 11, 2016; [ 11 ] ORDERS the placement of Y and X in foster family for a period of twelve months with a possible reintegration with their mother providing she attends a treatment centre and remains sober for four consecutive months following the completion of the therapy;

[ 12 ] ORDERS the parents to attend a treatment centre and to complete the therapy; [ 13 ] ORDERS the parents to seek help for their personal issues, especially anger management; [ 14 ] ORDERS that X receive all medical care and services required by her situation; [ 15 ] ORDERS that Y attend school on a regular basis; [ 16 ] ORDERS that Y and X be followed by a therapist for their personal issues for a long as deemed necessary by the professional; [ 17 ] ORDERS that any access rights between the children and the parents be preauthorized by the Director of Youth Protection and supervised as for the modalities and frequency; [ 18 ] ORDERS the parents to be and remain sober when in presence of the children; [ 19 ] ORDERS the parents not to put the children in presence of people under the influence of intoxicating substances; [ 20 ] ORDERS that aid, counselling and assistance be provided to the family for a period of twelve months; [ 21 ] ORDERS the parents to fully collaborate with the Social Worker and to attend meetings set by her; [ 22 ] ORDERS the parents to inform the Director of Youth Protection on a regular basis regarding the steps taken in order to resolve the situation that endangers the security and development of Y and X; [ 23 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 24 ] ENTRUSTS the situation of Y and X to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP, A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the youth Mtre. Michel Grenier Lawyer for the mother Mtre. Marie-Josée Ayoub Lawyer for the father Date of hearing: July 27, 2017