2017 QCCQ 19984, 2017 QCCQ 19984

Protection de la jeunesse — 1710419 2017 QCCQ 19984 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: February 23, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2000 640-41-001859-146 Y, born on [...], 2002 640-41-001858-148 Z, born on [...], 2004 640-41-001857-140 A, born on [...], 2008 640-41-001856-142 B, born on [...], 2010 640-41-001855-144 C, born on [...], 2012 640-41-001854-147 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND D MOTHER AND E 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 presents motions under

section 95 of the Youth Protection Act asking the Court to review and extend a previous judgment rendered by Judge Gilles L. Ouellet on December 9, 2015. [ 2 ] For the hearing, the mother, present, is represented by Mtre. Myriam Gaudreault. The father, also present, is represented by Mtre. Michel Grenier and Mtre. Constantin Kiryakidis acts on behalf of the children. The applicant is represented by Mtre. Camille Champeval. [ 3 ] The father does not challenge the recommendations made by the Director of Youth Protection.

He is well aware of his difficulties and of the fact that his children need responsible adults to care for them until he has addressed his problem regarding his consumption of alcohol. For him, it was a hard decision to make, but he did it in the best interest of his children. [ 4 ] The mother challenges the petition asking that the oldest, X, be entrusted to her given the fact that she is almost 17 and that she is autonomous and able to take care of herself.

For the other children, she asked that they be placed only for a period of one year and requests that they be returned to her care following their placement. [ 5 ] The oldest children, who are of age to give mandate to their lawyer, do not challenge the petitions. [ 6 ] The Director is asking for the placement of the five oldest children in foster families until they reach the age of majority. Life plans have been established for them.

[ 7 ] As for C, it was not possible to elaborate such a life plan so the Director recommends a shorter placement of six months. [ 8 ] The parents are living apart, the mother lives in Town B while the father lives in Town A. The mother works at a mine site 14 days in a row. To this day, she still faces an alcohol related problem. In October, she requested to go to a treatment centre. She could have attended the treatment centre for the session beginning on November 14, but she decided not to go.

When questioned in court, the mother acknowledges that the Director of Youth Protection has provided services to her family for years and that the situation remains the same. She testified that she does not believe in therapy and that she would be able to stop by herself. In fact, she neither has the motivation to attend a treatment centre nor to receive services to resolve this issue. [ 9 ] X : [ 10 ] X is going to turn 17 years old next month. She is currently living in a foster family in Town A, the one of Mr. F and Mrs. G.

She displays behavioural problems and she has a follow-up with a therapist in Mistissini. She also met with the psychologist and is willing to continue her follow-up. She has had a difficult past, having been transferred from foster home to foster home for too many years now. She has difficulties accepting rules, structure. Mr. F testified in court saying that X is currently doing well at home and that his spouse and he are willing to take care of X until she reached the age of majority. [ 11 ] Y : [ 12 ] Y is fourteen years old and is currently living with his aunt H and her husband, I.

He has been living there for two years now. He attends school (secondary II) and is doing very well. There are absolutely no difficulties with the youth at home and he respects the rules of the foster family who testified in court that they are willing to care for Y until he reaches the age of majority. Y consents to this placement. [ 13 ] Z : [ 14 ] Z is twelve years old and is currently living with Mrs. J and Mr. K in Town B. He is in grade six, plays hockey. He respects the rules of the foster family. Z benefits from a follow-up with a therapist, Mr. Tom Kaplan.

The foster family committed themselves to take care of Z until the age of majority. [ 15 ] A : [ 16 ] A is eight years old and in third grade. He is currently living with Mr. L and Mrs. M. His little brother, B is living with him in the same foster family. The latter testified that they are able and willing to take care of A and B until they reach the age of majority. [ 17 ] B : [ 18 ] B is six years old and in first grade. He likes going to school and is doing very well in the foster family. He is described as a quiet child, respectful of the people and the rules. [ 19 ] C : [ 20 ] C is four years old.

She attends daycare half a day and goes to school the other half. She is an easy child. Unfortunately, the Director of Youth Protection must find a new foster family in order to establish a life plan for her. Under these circumstances, the Director of Youth Protection recommends a placement of six months. Such placement is in the best interest of C. [ 21 ] Both parents know that they must take steps in order to solve their problems. The father admits his problems, but needs time to resolve them. [ 22 ] As for the mother, she is not at the stage of the acknowledgement of the problems.

She does not see the link between her consumption and the fact that her children were neglected.

To this day, she still consumes when she is not working and seems to have no intention of changing her way of life. [ 23 ] The children need stability and therefore the recommendations made by the Director of Youth Protection are appropriate. [ 24 ] FOR THESE MOTIVES, THE COURT: [ 25 ] GRANTS the motions; [ 26 ] DECLARES that the security and development of X, born on [...], 2000, Y, born on [...], 2002, Z, born on [...], 2004, A, born on [...], 2008, B, born on [...], 2010 and C, born on [...], 2012, are still endangered; [ 27 ] ORDERS the placement of X in a foster family, namely the foster family of F and G until she reaches the age of majority; [ 28 ] ORDERS the placement of Y in a foster family, namely the foster family of H and I, until he reaches the age of majority; [ 29 ] ORDERS the placement of Z in a foster family, namely the one of Mrs.

J and Mr. K, until he reaches the age of majority; [ 30 ] ORDERS the placement of B and A in a foster family, namely the foster family of Mr. L and Mrs. M, until they reach the age of their majority; [ 31 ] ORDERS the placement of C in a foster family for a period of six months; [ 32 ] RECOMMENDS that the Director of Youth Protection establish a life plan for C during that period of time;

[ 33 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children, the foster families and the parents until the five older children reach their majority and for a period of six months in the case of C; [ 34 ] ORDERS that there be a close follow-up in the foster family of Mr. L concerning alcohol issues; [ 35 ] Since Mr. L gave his consent, the Court : [ 36 ] ORDERS that Mr. L attend a treatment program in order to resolve his alcohol problem; [ 37 ] ORDERS that Mr.

L be and remain sober when in presence of the children; [ 38 ] ORDERS that the contact between the children and the parents be determined by the Director of Youth Protection as for the terms and the frequency; [ 39 ] STRONGLY RECOMMENDS that the parents be regular regarding their access rights; [ 40 ] ORDERS any police officer to collaborate to the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 41 ] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the children Mtre. Myriam Gaudreault Lawyer for the mother Mtre. Michel Grenier Lawyer for the father Date of hearing: January 5, 2017