2014 QCCQ 20870, 2014 QCCQ 20870

Protection de la jeunesse — 148908 2014 QCCQ 20870 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001360-111 640-41-001361-119 DATE: November 14, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN GRAVEL ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Petitioner -and- X, born on […], 2004 Y, born on […], 2001 Children -and- A Mother -and- B Father ______________________________________________________________________ AMENDED JUDGMENT [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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the court to review the decisions priorly made concerning Y and X. [ 2 ] Y is 14 year old.

X is a 10 year old boy. [ 3 ] The family of the children is receiving services from the DYP since 2004. [ 4 ] Y’s last court order provided on March 18 th , 2014 that he be entrusted to a reception center for a period of 6 months. [ 5 ] X was ordered in November 2013 to stay in a foster family for a period of one year. [ 6 ] Y has done a lot of progress since the last order. He was doing good in his group home and had good results in school. Y is a smiling and playful adolescent.

Y was reintegrated to a foster family in September. [ 7 ] He had a bad moment on September 17 th threatening to commit suicide and wanted to kill his brother. Y integrated the foster family where X resides. Y has calm down and is showing a better behaviour. [ 8 ] X was transferred to a new foster family in City A on September 7 th 2014. He was offered the services of a home educator. He respects the rules and regulations. He had to change foster milieu because his mother was too near and jeopardizing his good evolution and progress. [ 9 ] Mother still shows serious difficulties with alcohol and conjugal violence.

[ 10 ] A has been drinking although she was pregnant in the last year. She gave birth in the last month. The baby is under protective measures. [ 11 ] A has shown a tendency to reverse her parental role with the children. She says she needs her children to feel better. It’s not the responsibility of the children to care for their mother but rather the exact contrary. [ 12 ] The father had not contacts with the children for 6 months. He wake up on October 30 th and asked to see them. He is presently detained. [ 13 ] X is attached to his mother.

He often talks about her. [ 14 ] The children are well taken care of in their foster family. [ 15 ] Their parents cannot offer a safe and well-balanced environment to provide for their needs and development. [ 16 ] THEREFORE THE COURT: For X [ 17 ] GRANTS the motion; [ 18 ] REVISES and EXTENDS the decision or order rendered on November 28, 2013; [ 19 ] DECLARES that the security or the development of the child X continues to be in danger; [ 20 ] ORDERS that the child X be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 21 ] RECOMMENDS that the DYP determine a life plan for the child X aimed at ensuring continuity of care, stable relationship and stable living conditions corresponding to the child’s needs and age on a permanent basis; [ 22 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 23 ] ORDERS that the child’s parents report in person at regular intervals, to the director to inform him of the current situation; [ 24 ] ORDERS that the child X and the foster family receive the services of a specialized educator; [ 25 ] ORDERS that the parents remain sober in the presence of the child X ; [ 26 ] ORDERS that the parents remain without any violent behaviour in the presence of the child X ; [ 27 ] ORDERS that the contacts between the child X and the parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 28 ] ORDERS that a person working for institution or body provide aid, counselling or assistance to the child X and the child’s family; [ 29 ] ORDERS the police to collaborate to the execution of the enactment; For Y [ 30 ] REVISES and EXTENDS the decision or order rendered on March 18, 2014; [ 31 ] DECLARES that the security or the development of the child Y continues to be in danger; [ 32 ] ORDERS that the child Y be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 33 ] RECOMMENDS that the DYP determine a life plan for the child Y aimed at ensuring continuity of care, stable relationship and stable living conditions corresponding to the child’s needs and age on a permanent basis; [ 34 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 35 ] ORDERS that the child’s parents report in person at regular intervals, to the director to inform him of the current situation; [ 36 ] RECOMMENDS that the child Y and the child’s foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 37 ] ORDERS that the parents remain sober in the presence of the child Y ; [ 38 ] ORDERS that the parents remain without any violent behaviour in the presence of the child Y ; [ 39 ] ORDERS that the contacts between the child Y and the parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 40 ] ORDERS that a person working for institution or body provide aid, counselling or assistance to the child Y and the child’s

family; [ 41 ] ORDERS the police to collaborate to the execution of the enactment; [ 42 ] ENTRUSTS the situation of the children X and Y to the Director of Youth protection A for the purpose of executing the order; [ 43 ] THE WHOLE until March 20, 2015. __________________________________ JEAN GRAVEL , J.C.Q. Mtre. Camille Provencher Counsel for the DYP Mtre. Joanie Jacob Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Mtre. Marie-Claude De Gagné Counsel for the father Date of hearing: November 14, 2014