2012 QCCQ 17502, 2012 QCCQ 17502

Protection de la jeunesse — 126769 2012 QCCQ 17502 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” Nos: 635-41-000346-103 635-41-000345-105 DATE: July 16, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […], 2005 Y Born on […], 2003 [INTERVENANTE 1], person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in town A(Quebec), district A, Petitioner -and- A , deceased; Mother -and- B , presently detained at the prison A (Quebec), district A; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on August 16, 2011, by Justice Jacques R.

Roy, in which he entrusted the children to a foster family, namely their uncle C and his wife D, for one year. [ 2 ] Today, the DYP recommends to the Court, in agreement with all the parties, that the children remain entrusted to Mr. B and Mrs. D until their majority. Update of the situation since August 16, 2011 [ 3 ] The father still struggles with alcohol and drug problems. Only last year, he has been arrested five times for different breach of conditions regarding these issues and other criminal behaviour.

He was detained again on February 23, 2012 for 169 days. [ 4 ] When the father is not detained, he sees his children on a regular basis because he lives with Mr. B (his brother) and Mrs. D. The father is supportive of the uncle’s authority and contributes economically to his children’s needs. [ 5 ] Mr. B and Mrs. D have a seven-year-old daughter, Z. Mrs. D also has a thirteen-year-old son, E, for who Mr. B acts as a father. E spends a lot of time with Y and X. [ 6 ] Mr. B and Mrs. D are very collaborative with the DYP and are committed on a long-term basis to the children.

They both find it important to maintain the father engaged with the children. [ 7 ] However, in the fall of 2011, the situation of the foster family became unstable. There were a few episodes where the foster family was involved in events of drinking. The children were also seen hanging around stores or left at the grandmother’s sister's house, a person known by the DYP. Hopefully, since then the situation has improved. It seems like these events were non-recurring ones. [ 8 ] Y and X are happy to live with their aunt and uncle in Town A. They also appreciate seeing their father often.

Analysis and applicable measures [ 9 ] The Court is happy to see that the father agrees with the children's life plan and that he sees that the best interest of his children is well served by having them under the responsibility of their uncle and aunt. [ 10 ] From now on, the children shall not suffer from any confusion. [ 11 ] If ever the father has is own house one day, the children will remain under the uncle's responsibility.

And if the children go visit their father at his house, the Court encourages the father to provide his children with an environment free of alcohol and drugs. [ 12 ] Parental responsibilities do not go well with drugs and alcohol consumption. [ 13 ] Since the family members seem to have found a good solution in the children's best interest and since this solution works so far, the Court finds its role simplified. FOR THESES REASONS, THE COURT: GRANTS the petition; REVISES the decision rendered on August 16, 2011 by Justice Jacques R.

Roy; DECLARES that the security and the development of the children are still compromised; ENTRUSTS the children to the faster family, namely Mr. C and Mrs.

D, has designated by the DYP until the age of majority ; ORDERS that the children attend school on a daily basis; ORDERS that the children receive all the medical care required by their situation; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and the children's family until the age of majority; ORDERS that the contacts with their father and their sister F be maintained and organized by the Director of Youth Protection on a regular basis; ORDERS that the father and his family take an active

part in the measures; ORDERS that the father works on his personal issues; ORDERS that the father reports on the evolution of the situation to the Director of Youth Protection on a regular basis; ENTRUSTS the situation of X and Y to the Director of Youth Protection of the Ungava Tullatavik C.Y.P.C., who shall see that the measures be carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q. M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Attorney for the children M e Marie-Claude De Gagné Attorney for the father Date of hearing: July 16, 2012