2013 QCCQ 14450, 2013 QCCQ 14450

Protection de la jeunesse — 135063 2013 QCCQ 14450 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-024166-118 N°: 525-41-024167-116 DATE: October 15, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 2003 - and - Y Born on […], 2004 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decisions rendered verbally at the hearing of October 15, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with two motions for revision of orders rendered June 11, 2013, entrusting the children to the care of their paternal aunt, C, for a period of one year with aid, counsel and assistance and other specific measures. [ 3 ] The principal facts alleged in support of the motions are the following: • The children have continued to do well in the care of C; • C has relocated to [Country A] for the purpose of studying and will remain in [Country A] until about May 2014; • The children have been residing with their paternal grandparents, D and E, in [Country B] since the end of August 2013; • An entrustment homestudy of the home of D and E was conducted and their home was approved; • The parents and the children agree with the children residing with the paternal grandparents; • The grandparents are available to receive the children until the end of the current school year. [ 4 ] The Director of Youth Protection recommends that the children be entrusted to the care of their paternal grandparents, D and E, until May 29, 2014, with a social follow-up to the same period. [ 5 ] The parents are not present at the hearing as the mother is hospitalized.

However, the mother informed the youth worker that both herself and the father agree with the measures recommended by DYP.

[ 6 ] Counsel for the children informs the Court that she has spoken to the girls. X agrees to be entrusted to her grandparents until the end of the school year. As for Y, she was not sure of her current situation. However, both children are doing well in school and have made friends. Me Laforce considers that the recommendations made by the Director are in the children’s best interest. [ 7 ] The Court also heard the testimony of [Social Worker 1], youth protection delegate, and read the reports the Director filed as proof of the children’s situation.

The evidence reveals that the parents’ situation has not evolved since the last court date. The parents have remained in the [Country A] area since May 2013 and are currently living with a cousin. [ 8 ] Under the circumstances, it is in the children’s best interest to be maintained with their paternal grandparents until the end of the school year.

Their aunt is currently studying in [Country A] and will be in a position to regain their custody at the end of the school year. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the children are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES still compromised the security and development of the children, X and Y; [ 13 ] REVISES the orders rendered June 11, 2013; [ 14 ] ORDERS that the children, X and Y, be entrusted to the care of their paternal grandparents, D and E, until May 29, 2014; [ 15 ] ORDERS that the frequency and modality of contacts between the children and their parents be determined by the Director of Youth Protection, including supervision has deemed necessary; [ 16 ] ORDERS the parents to inform DYP of the steps they have taken to address their respective situations; [ 17 ] ORDERS that the parents refrain from consuming or being under the influence of alcohol or drugs when in the presence of the children; [ 18 ] WITHDRAWS from the parents certain of attributes of parental authority and AUTHORIZES D and E to sign all consents for the children related to health, school and activities; [ 19 ] ORDERS the parents to collaborate with DYP and to meet with the youth workers as requested; [ 20 ] ORDERS that aid, counsel and assistance be provided to the children and their family until May 29, 2014; [ 21 ] ENTRUSTS the situation of the children, X and Y, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 22 ] ORDERS the execution of the present order by any peace officer.

Signed October 21, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Anne-Marie Dodds Counsel for the Director of Youth Protection Me Pauline Laforce Counsel for the children Date of hearing: October 15, 2013