2019 QCCQ 15132, 2019 QCCQ 15132

Protection de la jeunesse — 1911763 2019 QCCQ 15132 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002232-186, 640-41-002233-184 DATE : November 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION, applicant and X Born on […] 2013 Y Born on […] 2012 and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 26, 2019. [ 2 ] The court is seized of applications for extension presented by the Director of youth protection (DYP) of a decision rendered on November 23, 2018, requesting that the security and development of the children be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the children to the paternal grandparents, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The parents were duly served and are absent at the hearing. [ 6 ] The proof reveals that the children are doing well under their grandparent’s care, since two years, and are strongly attached to them. [ 7 ] The parents are more involved in their respective new family. [ 8 ] The mother have irregular visits with her daughter but she stopped drinking since 5 months.

[ 9 ] The father sees his children regularly under the supervision of the grandparents. [ 10 ] Y expressed via her lawyer that she wants to stay at her grandparents. [ 11 ] As the maximum delay of placement is not reached yet, DYP wants to give a last chance to the parents before asking for a placement until majority. [ 12 ] They will have to work on their issues and take concrete actions. [ 13 ] The mother has seek support for her drinking problem, last Friday, and she will have to continue her follow up with the Social Services, and be consistent. [ 14 ] Mother agrees for the placement of the children but she insists for them to be placed with a person from the extended family. [ 15 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the children are still compromised; [ 18 ] EZTENDS the decision rendered on November 23, 2018; [ 19 ] ENTRUSTS the children to a foster family; [ 20 ] TAKE JUDICIAL NOTICE that the children will be placed under the care of their paternal grandparents; [ 21 ] ORDERS the parents to report periodically to the DYP on the measures they apply in their own regard or in their children’s regard, to put an end to the situation in which the security or development of the children is in danger; [ 22 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 23 ] ORDERS the children and the parents to take an active

part in the application of the measures ordered by the tribunal; [ 24 ] ORDERS the children and the parents to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 25 ] ORDERS the parents to seek help through the Social Services concerning their alcohol and personal issues; [ 26 ] ORDERS that the contacts between the children and their parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 27 ] ORDERS that the contacts with the father be supervised by a third party approved by DYP ; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 29 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until August 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tommasel Counsel for the mother