2019 QCCQ 12338, 2019 QCCQ 12338

Protection de la jeunesse — 192865 2019 QCCQ 12338 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 635-41-000782-174; 635-41-000783-172; 635-41-000784-170 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1 ], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2016 Y, born on [...], 2009 Z, born on [...], 2003 Children and A Mother and B Father of Y ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR REVIEW (Sections 95(para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act , rendered on April 17, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2016, Y, born on [...], 2009, and Z, born on [...], 2003, were still in danger, authorized the reintegration of the children X and Y with the mother and entrusted Z to an institution operating a rehabilitation centre. [ 2 ] At the hearing, the three children were present and assisted by counsel. The mother was also present and assisted by counsel. Y’s father was not present or represented. He was notified of the Court proceedings by newspaper. He has not been involved with the family for more than eight years.

FACTS: [ 3 ] On June 15, 2018, Z was entrusted back to the mother, who still displayed alcohol consumption and anger management issues. She refused to meet the external educator. Lately, she has been cooperating with Youth Protection. [ 4 ] On October 20, 2018, the mother was arrested and detained in custody for six (6) days. She was charged with assaulting Z while she was intoxicated. [ 5 ] Between October 27 and December 6, 2018, the mother participated in two (2) meetings with Youth Protection. [ 6 ] On December 6, 2018, the mother was arrested.

She allegedly fought with Z and her nephew while she was highly intoxicated. Youth Protection took immediate protective measures and placed the youth in foster care. [ 7 ] The foster family is Ms. C, the maternal grandmother. She agreed to foster the children at the mother’s house. The mother does not live with them. She is staying with a friend. She visits the children every Friday and stays until Saturday. During these visits, she is never intoxicated in the presence of the children. [ 8 ] The mother has applied to the “Mother and Child Program” at Portage. She is waiting to be admitted. Analysis:

[ 9 ] The mother has not received any services to help her improve her situation. She needs to go to a treatment centre so that she can remain sober in the presence of the children. She is very emotional. In front of the Court, but also in front of the children, she says that she wants to hurt herself. The mother needs help before she can have custody of her three children.

FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the three (3) applications; [ 11 ] REVIEWS the decision or order rendered on April 17, 2018; [ 12 ] DECLARES that the security and development of X, born on [...], 2016, Y, born on [...], 2009, and Z, born on [...], 2003, are still in danger; [ 13 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, with possible reintegration with the mother if the situation allows; [ 14 ] TAKES NOTICE that the foster family is C, the maternal grandmother; [ 15 ] ORDERS the children and the children’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 16 ] ORDERS the children and the children’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 17 ] ORDERS that the children , the children’s family and the foster family receive the services of an external educator; [ 18 ] AUTHORIZES extended visits for the mother with the children, if the situation allows; [ 19 ] AUTHORIZES unannounced visits during these extended visits; [ 20 ] RECOMMENDS that the mother submit to a psychological evaluation and follow the recommendations; [ 21 ] ORDERS the mother to remain sober in the presence of the children; [ 22 ] ORDERS the mother to refrain from any kind of violence in the presence of the children; [ 23 ] RECOMMENDS that the mother seek help through Social Services for her anger management and alcohol issues; [ 24 ] AUTHORIZES the mother to attend the “Mother and Child Program” at Portage with X; [ 25 ] ORDERS that contact between the children and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 27 ] ORDERS the execution of the present decision by any peace officer; [ 28 ] ENTRUSTS the situation of the children, X, Y AND Z to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Émilie Gélineau Counsel for the mother Date of hearing: March 19, 2019