2016 QCCQ 10948, 2016 QCCQ 10948

Protection de la jeunesse — 164784 2016 QCCQ 10948 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001630-133 and 640-41-001956-157 DATE: September 20, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2012 Y, born on [...], 2014 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MRS B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT RECTIFIED (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection A submits to the Court two motions for revision of the decisions rendered on December 9, 2015 by the Honourable Lise Gagnon, J.C.Q., concerning X, born on [...], 2012, and Y, born on [...], 2014.

The applicant recommends that the children remain placed in foster family for six months. [ 2 ] The parents, present, are assisted by Me Marie-Claude De Gagné for the mother and Me Angela Tommasel for the father. They both admit the allegations but the mother disagrees with the recommendations. She wants her children back with her. [ 3 ] The children are represented by Me Cassandra Neptune and Me Aubrée Coutanson assists the applicant. [ 4 ] The social worker and the mother testify. The revision reports are filed. [ 5 ] The parents have a history of alcohol and conjugal violence issues.

They were ordered to seek help for their issues, but over the years, they did not achieve the goals. [ 6 ] In February 2016, the father was released from detention. Few days later, the mother was arrested and detained from February 26 to May 14, 2016 for assault on the father. [ 7 ] The mother lives at her mother's place with her mother and her sister. She just started to work part time. Since her release in May, she is collaborative. She acknowledges her problem with alcohol and believes she is able to quit with the services available in the community.

Having been five months previously at Le Portage, she knows she is able to quit and makes of her children, her priority. She met the psychologist, Dr Beltempo, but the report is not available yet. [ 8 ] The social worker, Mrs [Social Worker 1], authorized visits of the children with their mother. They spent three days with her last July 4 and everything went well. [ 9 ] During the follow-up provided by the social worker, on many occasions, the father and the mother disagreed and got overwhelmed.

The parents' relationship is fragile and is still unclear. [ 10 ] The children finally integrate a foster family ready to invest on long term, because of all the difficulties the social worker observed, as mentioned in the last judgment. The foster family lives in Town B. Because of the numerous transfers in foster families, it was urgent to provide the children a stable, secure and warm environment. They attend daycare on regular basis and receive a medical follow-up.

[ 11 ] The mother has regular phone contacts with the children. [ 12 ] The mother is well aware of the necessary steps she has to make and both parents are also well aware of the maximum delay of placement stated in the Youth Protection Act. Both children were place at a young age. [ 13 ] Consequently, the next months will be determinant for the children and very challenging for the parents. They need to put themselves in serious actions and make life style changes.

The children will not have to wait for them more than four months to see their motivation. [ 14 ] Considering the whole situation, CONSEQUENTLY, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of X and Y are still in danger; [ 17 ] ORDERS the placement of X and Y in foster family for four months with progressive reintegration with the mother in the last two months ; [ 18 ] ORDERS the mother and the father to attend therapy for their alcohol and personal issues; [ 19 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for nine months; [ 20 ] ORDERS the parents to report in person regularly at least once a week to the Director of Youth Protection to inform him of the current situation and to follow his recommendations; [ 21 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the children with the parents (frequency, duration and degree of supervision); [ 22 ] RECOMMENDS the Director of Youth Protection to provide the mother the services suggested by Dr Beltempo in his report; [ 23 ] ORDERS the police to collaborate to the execution of this judgement; [ 24 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Marie-Claude De Gagné Attorney for the mother Me Angela Tommasel Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 12, 2016