2013 QCCQ 10521, 2013 QCCQ 10521

Protection de la jeunesse — 133378 2013 QCCQ 10521 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos. 635-41-000513-132 and 635-41-000352-101 DATE: June 28, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2002 Y, born on […], 2004 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A C.Y.P., working in A City Applicant and A , residing and domiciled in A City, district A, province of Québec Mother of X and B, residing and domiciled in A City, district A, province of Québec Mother of Y and C , residing and domiciled in A City, district A, province of Québec Caregiver ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with a motion for protection seeking to have the security and development of the children X, born on […], 2002, and his cousin Y, born on […] , 2004, declared in danger. [ 2 ] The mother of X is A.

She was present at the hearing and signed a draft agreement under sections 76.3 and 76.4 of the Youth Protection Act . [ 3 ] The mother of Y is B. She was absent from the hearing, despite being duly notified. Considering the absence of the mother, it was not possible to proceed with a draft agreement, even if the situation is the same. [ 4 ] Both mothers entrusted their children to the grandparents through traditional adoption.

But, considering that the grandmother is not an […] from [A region], traditional adoption was refused by the regional authorities. [ 5 ] Consequently, the grandparents are the "acting parents" under the Youth Protection Act . [ 6 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing.

The parties acknowledged the facts that endangered the security and development of the children. [ 7 ] In the situation of Y, the same facts were admitted by the parties present at the hearing. [ 8 ] The draft agreement detailed these facts as follows: 2.1 The Youth Protection is regularly involved in the life of the family since 2006; 2.2 Between April 2009 and June 2011, the child was the subject of a decision of the Court of Quebec order as it appears from a copy of the judgments, filed as Exhibit D-2; 2.3 The maternal grandparents are the main caregivers of the child since his birth; 2.4 The mother displays alcohol related problems; 2.5 The maternal grandparents display alcohol related problems; 2.6 On December 23, 2012, the mother assaulted the child and the maternal grandmother as she was intoxicated; 2.7 The child disclosed to the Youth Protection worker that it was not the first time that the mother assaulted him and that he was

scared of her; 2.8 On March 26, 2013, the Youth Protection was informed that the child had a black eye; 2.9 The child disclosed that he was not feeling safe at the house of the grandparents; 2.10 ON the same day, the Youth Protection workers observed that the maternal grandparents were intoxicated; 2.11 The child was entrusted to the maternal aunt, Mrs. B; 2.12 On March 27, 2013, the Youth Protection was informed that the maternal aunt, Mrs.

B consumed a large amount of alcohol the previous night while the child was under her care; 2.13 On the same day, the Youth Protection entrusted the child to the mother with conditions; 2.14 On March 28, 2013, the child was met for a video interview following a mutisectorial agreement; 2.15 During the interview, the child disclosed that he got his black eye by falling of his bed; 2.16 However, the child was displaying anxious behaviour and he started crying profusely when he was asked details regarding the incident; 2.17 The child also confirmed to the Youth Protection worker the regular consumption of alcohol in the house, notably by the mother and the maternal grandparents; 2.18 The collaboration of the grandparents and the mother with the Youth Protection is minimal; [ sic ] [ 9 ] The measures proposed are the following : 3.1 That X and Y stay entrusted in foster care for a period of six (6) months with the possibility of progressive reintegration in the parent's home after three (3) months, if the situation permits it; 3.2 That the contacts between the youths and their parents be under the supervision of the Youth Protection in terms of modalities and frequency; 3.3 That the parents and biological mother actively participate in the application of the ordered measures; 3.4 That a person working for an establishment or organization offer aid, counsel and assistance to the children, their parents and extended family members; 3.5 The whole for a period of twelve (12) months, until May 6, 2014; 3.6 That the police collaborate in the execution of the agreement; 3.7 That the youth's situation be entrusted to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing the said enactment; [ sic ] [ 10 ] The same measures are recommended in the evaluation and orientation report prepared by [social worker 1], human relations officer for the youth protection services, concerning the situation of Y. [ 11 ] The Court is of the opinion that the measures set forth in the draft agreement are likely to put an end to the situation of endangerment and respect the rights and interest of the children. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] DECLARES the security and development of the child X, born on […], 2002, and of his cousin Y, born on […], 2004, in danger under sections 38(

e) and 38(b)(2) of the Youth Protection Act ; [ 14 ] DECLARES the security and development of the child Y, born on […], 2004, in danger under sections 38(

c) and 38(e)(2) of the Youth Protection Act ; [ 15 ] ORDERS the implementation of the measures set forth in the draft agreement signed by the parties in the file of X; [ 16 ] ENTRUSTS the children X and Y to foster care for a period of six (6) months, with a possible progressive reintegration into the parent's home after three (3) months, if the situation allows; [ 17 ] ORDERS that contact between the children and their parents be under the supervision of the Director of Youth Protection as to frequency and terms; [ 18 ] ORDERS that the parents and the biological mothers actively participate in the application of the measures ordered;

[ 19 ] ORDERS that a person working for an institution or organization provide aid, counselling and assistance to the children, their parents and their extended family members for a period of twelve (12) months; [ 20 ] ORDERS the police to cooperate in the execution of the present order; [ 21 ] ENTRUSTS the children's situation to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing this judgment. __________________________________ RENÉE LEMOINE J.Q.C. Mtre. Myriam Gaudreault Counsel for the children Mtre. Marie-Claude Degagné Counsel for the mothers Mtre. Robert-André Adam Counsel for the applicant Date of hearing: May 7, 2013