2011 QCCQ 10713, 2011 QCCQ 10713

Protection de la jeunesse — 112495 2011 QCCQ 10713 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division Nos: 640-41-001314-100 640-41-001315-107 DATE: May 26, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, 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 […], 2009 Y, born on […], 2010 CHILDREN AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant acting on behalf of the Director of Youth Protection is asking by way of a motion that the order rendered pursuant to

section 38 of the Youth Protection Act [1] on October 22, 2010 by the undersigned be reviewed. [ 2 ] Then the conclusions of the said judgment read as follows: [ 3 ] GRANTS the motion; [ 4 ] DECLARES that the security and development of the children are endangered under

section 38

b) and

c) of the Youth Protection Act ; [2] [ 5 ] ORDERS that the children be placed in foster care for a period of six months with gradual reintegration after four months, if the situation allows; [ 6 ] ORDERS that both parents attend treatment for the alcohol and drug addiction issue; [ 7 ] ORDERS that both parents receive help in regards to their domestic violence problem; [ 8 ] ORDERS that both parents collaborate actively with Youth Protection; [ 9 ] ORDERS that aid, counsel and assistance be provided to the children and the parents for a period of twelve months; [ 10 ] ORDERS that the situation of the children be entrusted to the Director of the Youth Protection A C.Y.P.C.; [ 11 ] ORDERS the police to collaborate to the execution of the enactment. [ 12 ] Basically, the reasons for declaring the situation endangered were that the parents showed serious alcohol abuse and spousal violence problems.

As a direct result, the children were neglected and they were living in an environment that was endangering their psychological well-being. [ 13 ] The motion for review alleges that the situation has remained substantially the same since the judgment; the parents have not succeeded in taking a hold of their life. [ 14 ] Consequently, since the reasons causing the endangered situation at the time of the October judgment are still current today, it appears justified to extend the measures that were then ordered. [ 15 ] The parents, both present and represented by lawyers, admit the facts that essentially support the motion, and they agree with the conclusions sought by the applicant.

[ 16 ] FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security and development of the children are still endangered under

section 38

b) and

c) of the Youth Protection Act [3] ; [ 18 ] ORDERS that the children be fostered for a period of six months with gradual reintegration after four months, if the situation allows; [ 19 ] MAINTAINS all the measures ordered in the judgment rendered on October 22, 2010, where applicable. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q. Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire juridique city B Lawyers for the children Me Sarah Plamondon Lawyer for the mother Me Angèle Tommasel Lawyer for the father Date of hearing: March 30, 2011