2014 QCCQ 14128, 2014 QCCQ 14128

Protection de la jeunesse — 142460 2014 QCCQ 14128 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: March 25, 2014 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A C.Y.P.C., working in City A Applicant and X, born on […], 2007 # 640-41-001477-121 Y, born on […], 2002 # 640-41-001478-129 Z, born on […], 2000 # 640-41-001479-127 A, born on […], 1998 # 640-41-001480-125 Children and B Mother and C Father ______________________________________________________________________ JUDGMENT ( sections 95 ( par. 1) and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 applied, under

section 95 of the Youth Protection Act , [1] for the review of the decision concerning the four children rendered on September 5, 2013 by Daniel Bédard J.C.Q. [ 2 ] At the hearing, the parents were present and were assisted by counsel. The four children were not present, but counsel had met with them and represented them. [ 3 ] The parents made very few admissions. The father contested everything that was said in Court. He was not satisfied with the work of Ms. [Social Worker 1], youth protection delegate. He did like the work of the educator.

He wanted to have his four children back. [ 4 ] The mother shared the position of her husband, but did not state a firm position. The mother agreed that A should stay with his biological mother. [ 5 ] The three youngest children want to go back to their parents’ home, but A, the oldest son, would like to be fostered by his biological mother. [ 6 ] The father finally agreed that A could stay with his biological mother.

The evidence clearly indicated that it is in A's best interest that his biological mother foster him for a short period of time while a life plan is devised for him, most likely with the biological mother, if the situation allows it. [ 7 ] The situation of Z ([…], 2000) and Y ([…], 2002) is worrisome; they were not, until recently, attending school. The mother had to talk to the children to convince them to go to school. The father would not do anything to encourage them to attend school.

If they do not want to go to school, it is their decision. [ 8 ] The children are fostered in City A and they go to their parents’ place when they feel like it. Youth Protection finds it difficult to control the situation. [ 9 ] The father’s attitude is so negative towards Youth Protection that it was the right decision not to have them present at the hearing.

[ 10 ] The Court heard the youth protection delegate, Ms. [Social Worker 1], and she filed a revision report. She recommended that the four children be entrusted to a foster family for twelve months. [ 11 ] The Court does not believe that the measures proposed by Youth Protection will put an end to the situation of the children. [ 12 ] The Court rather believes that a short placement for A, to prepare a life plan, is the right measure. [ 13 ] For X, Y and Z, the Court will order a short-term placement in order to reevaluate the situation and most likely look at other options for these children.

Should they be fostered in another community, a group home or maybe a rehabilitation centre? [ 14 ] The coming months will be very important for the future development and safety of X, Y and Z. [ 15 ] It is not easy to deal with the family; the mother seems to be more cooperative. [ 16 ] FOR THESE REASONS, THE COURT: FOR A [ 17 ] GRANTS PARTIALLY the motion; [ 18 ] REVISES the decision or order rendered on September 5, 2013; [ 19 ] DECLARES that the security and the development of the child continue to be in danger; [ 20 ] ORDERS that A remain in foster care for a period of six months; [ 21 ] ORDERS that the Director of Youth Protection prepare a life project for A; [ 22 ] ORDERS that the parents cooperate and participate in all the measures proposed to correct the situation, namely that they go as often as requested to the office of the Director of Youth Protection; [ 23 ] ORDERS that the parents cooperate with the family educator in regards to their parenting skills; [ 24 ] ORDERS that the parents seek help from Social Services regarding their alcohol problem as well as their conjugal violence issues; [ 25 ] ORDERS that the frequency and terms of contact between the parents and the child be determined by Youth Protection; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the parents and the child for six months; [ 27 ] ORDERS the police to cooperate in the execution of this judgment; [ 28 ] ENTRUSTS the situation of A to the Director of Youth Protection A C.Y.P.C., who shall then see that the measures are carried out.

FOR X, Y AND Z [ 29 ] GRANTS PARTIALLY the motions; [ 30 ] REVISES the decision or order rendered on September 5, 2013; [ 31 ] DECLARES that the security and the development of the children continue to be in danger; [ 32 ] ORDERS that X, Y and Z remain in foster care for a period of six months; [ 33 ] ORDERS that Y and Z attend school on a regular basis; [ 34 ] ORDERS that the parents cooperate and participate in all the measures proposed to correct the situation, namely that they go as often as requested to the office of the Director of Youth Protection; [ 35 ] ORDERS that the parents cooperate with the family educator in regards to their parenting skills; [ 36 ] ORDERS that the parents seek help from Social Services regarding their alcohol problem as well as their conjugal violence issues: [ 37 ] ORDERS that the frequency and terms of contact between the parents and the children be determined by Youth Protection; [ 38 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the parents and the children for six months; [ 39 ] ORDERS the police to cooperate in the execution of this judgment; [ 40 ] ENTRUSTS the situation of X, Y and Z to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out.

__________________________________ MARC OUIMETTE, J.C.Q. Mtre. Robert-André Adam Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Angèle Tommasel Counsel for the children Mtre. Marie Claude De Gagné Counsel for the mother Mtre. Joannie Jacob Centre communautaire juridique A Counsel for the father Date of hearing: February 6, 2014