2019 QCCQ 18713, 2019 QCCQ 18713

Protection de la jeunesse — 198312 2019 QCCQ 18713 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 614-41-000362-188 614-41-000363-186 DATE : October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and X, born on [...], 2009 Y, born on [...], 2008 Children and A, having no known residence in the province of Québec; Mother and B, residing and domiciled in [...] 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 A (the Director) asks the Court to review and extend the placement of Y, 11 years old, and X, 9 years old, until their majority. [ 2 ] The father is present at the hearing, assisted by Mtre Michel Grenier. The children are present and assisted by Mtre Yan Massé. Mtre Magdalena Lempicka represents the applicant. The mother is absent, even if notified. [ 3 ] The father admits most of the allegations and he agrees with the recommendations.

He denies having alcohol issues, not being involved with the children and not collaborating with the Director. [ 4 ] The children admit many of the allegations and agree with the measures. They need to be reassured that such a long placement will not prevent their parents from getting involved with them. [ 5 ] Evidence is completed with the testimonies of the paternal grandparents, the community worker and the father. [ 6 ] It reveals that the children have been entrusted to the foster parents, the paternal grandparents, for more than two years and that they are doing very well.

The father also lives partly at his parent’s place. He usually sleeps there two or three times a week. Even though, he leaves most of the children’s’ responsibilities to his parents. He does not take care of them, nor does he attend to the primary needs of the children. [ 7 ] It is proved that the father still has serious alcohol issues and that he does not collaborate with the Director. When intoxicated, the father is not allowed at his parents’ residence and then he stays at his girlfriend’s home. Even if his parents try to get him more involve with his children, he does not.

He does not have regular activities with the children. The last time that he did something with them, it was for hunting last September. [ 8 ] The mother is not present in the life of the boys. The last time they saw her was in City A in June 2019, on the street, and they talked with her for a few minutes. The mother has no stable home, still has issues with alcohol and drug abuse, and does not collaborate with the Director. [ 9 ] The grandparents are attached to the children and provide for them.

They do their best to supplement the parents’ absences and realize that Y’s behavioral difficulties are related to these losses. The child has aggressive reactions at school. He has difficulty

expressing his emotions. He would need a psychological assessment and a follow-up. The grandparents ask for such specialized services. They accept to assume the children until their majority. [ 10 ] The father accepts the recommendations, but he wants to assume the parental attributes left. He disagrees with any withdrawal of parental authority and is ready to make himself available for any authorization needed by the Director. As he can be easily reach, the Court does not withdraw any parental attributes. [ 11 ] Considering

section 91 of the Y.P.A . and considering the whole evidence, THE COURT: [ 12 ] GRANTS the applications; [ 13 ] DECLARES that the security and development of Y, born on [...], 2008, and X, born on [...], 2009, are still in danger; [ 14 ] ORDERS their placement in the foster home of C and D, paternal grandparents, until their majority; [ 15 ] ORDERS the Director to provide all the medical and psychological services the children might need; [ 16 ] ORDERS that the child Y be evaluated by a psychologist and has a follow-up, if it is required by the professional; [ 17 ] ORDERS the Director to supervise the contacts between the mother and the children as for the frequency and other modalities; [ 18 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents; [ 19 ] ENTRUSTS the situation of the children Y and X to the Director of Youth Protection A, who shall then see that the measures are carried out.

Signed in City B, on November 7, 2019 ________________________________ DENYSE LEDUC, J.C.Q. Mtre Magdalena Lempicka Counsel for the applicant Mtre Yan Massé Counsel for the children Mtre Michel Grenier Counsel for the father Date of hearing: October 10, 2019