2017 QCCQ 11822, 2017 QCCQ 11822

Protection de la jeunesse — 175109 2017 QCCQ 11822 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000080-160, 614-41-000081-168, 614-41-000082-166 and 614-41-000083-164 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 Y, born on [...], 2010 Z, born on [...], 2011 A, born on [...], 2013 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS B, residing and domiciled in City A, Quebec, District A Mother and MR C, residing and domiciled in City B, Quebec, District A Father of Y, Z and A ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. 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 Court is seized with four motions in revision of the judgment rendered on May 27, 2016 by Honourable Judge Denise Descôteaux.

After the children’s placement in foster families for a year, now the applicant asks for the extension of their placement in foster families for six months with reintegration with the mother after three months with specific conditions. [ 2 ] At the hearing, the parents are present and assisted by Me Michel Grenier and Me Marie-Josée Ayoub. Me Yan Massé represents the children and Me Adélia Ferreira, the applicant. [ 3 ] The parties admit most of the allegations and agree with the measures. The social worker, Mrs [Social Worker 1], and the father testified.

A revision report is filed. [ 4 ] Following the last judgment, the mother continued to consume alcohol until October 2016, when she engaged in the Waskaganish mobile treatment, which lasted four weeks. She completed the program, but she relapsed in November in Val-d’Or. At the time, she stayed a few weeks in Val-d’Or and she was homeless during that period of time. [ 5 ] After her return in the community, the mother met regularly with the NNADAP worker and the social worker. She visited her children regularly.

She continued to drink up until April 17, 2017 when she left to engage herself in a substance abuse treatment in Oka. Since her return, the mother has a regular follow-up with the NNADAP worker, found a job and manage to get her own house. She expects to get her father’s residence soon. [ 6 ] Concerning the father’s situation, it is still chaotic. He served 31 months in jail and was released last December. He visited his children irregularly at first, but is more regular since May. The father is not collaborating with the social worker. He lives in City C and in City A where he has a new girlfriend.

He still consumes drugs daily and does not wish to stop. [ 7 ] In their foster homes, the children are doing well, but they missed their parents. [ 8 ] Considering the recent mobilisation of the mother and her collaboration;

[ 9 ] Given the evidence; [ 10 ] Given the parents’ agreement with the recommendations; THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of X, Y, Z and A are still in danger; [ 13 ] ORDERS the placement of X, Y, Z and A in foster families for a period of six months; [ 14 ] AUTHORIZES their reintegration with the mother after three months at the conditions that she resides at the maternal grandfather’s house with the exclusion of the father; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts between the father and the children (frequency, duration, location and presence of third party if required); [ 16 ] ORDERS the Director of Youth Protection to supervise the contacts between the mother and the children during their placement (frequency and modalities); [ 17 ] ORDERS the parents to always be sober in presence of the children; [ 18 ] ORDERS the mother to continue her therapeutic follow-up for her addiction and personal issues; [ 19 ] ORDERS the parents to authorize the Director of Youth Protection to obtain and share information with the professionals providing services to them; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children for a year; [ 21 ] ORDERS the parents to collaborate actively with the social worker; [ 22 ] ORDERS any police officer to collaborate with the execution of the present judgment; [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Me Yan Massé Attorney for the children Date of hearing: July 6, 2017