2020 QCCQ 7297, 2020 QCCQ 7297

Protection de la jeunesse — 206128 2020 QCCQ 7297 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-002014-162 640-41-002015-169 640-41-002013-164 640-41-002012-166 DATE: February 26 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2011 Y, born on [...] 2014 Z, born on [...] 2006 A, [...] 2002 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act , R.S.Q. 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 Y.P.A.). [ 1 ] The Director of Youth Protection (the “Director”) asks the Court to review the decisions made on November 22 nd 2019 concerning the children, X, Y, Z and A. [ 2 ] The parents are present through visio conference.

They were very patient as their situation was scheduled to be heard on February 24 th . Due to difficult transmission of communications, their case could not be heard at that time. [ 3 ] The parents admit some of the alleged facts and accept the proposed measures. The father underlines that he has been out of prison since September 5 th 2019. [ 4 ] The children are represented by a lawyer. This lawyer makes some admissions on behalf of the two older children.

The children accept the proposed measures. [ 5 ] The mother has made some progress but still needs to work on her personal issues. [ 6 ] The father now lives with the mother. Their conjugal situation has stabilized a bit. The mother was ambivalent at first for the

father to return back home. [ 7 ] The mother started taking steps to go to rehabilitation, but did not follow-up. [ 8 ] The return of the children to the care of their mother can be gradually started. [ 9 ] A will be 18 in [...] 2020. She has left the group home to go live with her grandmother in August 2019. She respects her environment and hasn’t had any alarming incidents. [ 10 ] Z is 13 years old, X is 8 and Y is 5. They all live with their grandmother. They are doing well in their environment.

FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and development of the children, X, Y, Z and A are still in danger; [ 13 ] REVISES the decision rendered on November 22 nd 2019; [ 14 ] ORDERS that the children be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 15 ] TAKES ACT that the foster family chosen for the children is that of the grandmother; [ 16 ] ORDERS that the children be gradually reintegrated under the care of the mother as soon as the situation allows it; [ 17 ] ORDERS that the children and the parents take an active

part in the application of the measures; [ 18 ] ORDERS that the children and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the child, A, attend school or another place of learning to participate in a program geared to developing skills and autonomy; [ 20 ] ORDERS that the parents remain sober in the presence of the children; [ 21 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 22 ] ORDERS that the parents seek help through social services concerning their alcohol, domestic violence and personal issues; [ 23 ] ORDERS that the contacts between the children and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 25 ] ENTRUSTS the situation of the children, X, Y, Z and A, to the Director of Youth Protection for the execution of the measures; [ 26 ] THE WHOLE until August 7 th 2020. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Adele Cyr, Attorney for the applicant Mtre Laurence Migue, Attorney for the children Mtre Angele Tommasel, Attorney for the mother Mtre Daniel Crespo, Attorney for the father