2017 QCCQ 17171, 2017 QCCQ 17171

Protection de la jeunesse — 177655 2017 QCCQ 17171 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division Nos: 614-41-000128-167 614-41-000129-165 614-41-000130-163 614-41-000131-161 DATE: October 13, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 Y, born on [...], 2004 Z, born on [...], 2003 A, born on [...], 2000 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and B , residing and domiciled in City A, district A Mother and C, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT ( sections 95 and 75 of the Youth Protection Act , C.Q.L.R. c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is guilty of 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 submitted to the Court an application for review under

section 95 of the Youth Protection Act [1] (Y.P.A.) concerning the situation of the children Z, A, X and Y. [ 2 ] On August 31, 2016, the children were entrusted to a foster home for a period of one year, following a judgment rendered by the Honourable Jacques Ladouceur. [ 3 ] On December 7, 2016, the situation of the child Z was amended following a decision under

section 95 of the Y.P.A. , rendered by the Honourable Denyse Leduc, to the effect that the child be placed in a reception centre for three months with integration into a foster home where he would reside until August 31, 2017. [ 4 ] The child Z was entrusted to a foster family after his placement at the group home, but, considering his behavioural problems, a decision was made on June 30, 2017, to entrust the child to a rehabilitation centre. He was entrusted to the group home in City B. [ 5 ] He consumed marijuana and stole to pay for his drug consumption.

He did not attend school regularly and skipped classes without any justification. [ 6 ] The child and the parents are in agreement with the recommendation for placement in a rehabilitation centre for a period of six months, with integration after four months if the situation allows. The child also agreed to attend a treatment program for his drug issue. [ 7 ] The children A, X and Y have remained stable in foster care under their paternal grandmother. [ 8 ] The mother completed recently a six-week treatment program to address her addictions.

She has remained sober and the father makes effort to remain sober as well. He is willing to attend treatment. He has made the necessary steps to be admitted.

[ 9 ] Both parents are cooperative and they acknowledge that they have to stabilize their situation and maintain their sobriety for few months before the return of the children into their care. [ 10 ] Given all the evidence, the Court is satisfied that the recommendations of the Director of Youth Protection are appropriate and in the best interest of the children.

FOR THOSE REASONS, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] REVIEWS the decisions rendered on December 7, 2016, with respect to Z and on August 31, 2016, with respect to A, X and Y; [ 13 ] DECLARES that the security and development of the children X, born on [...], 2004, Y, born on [...], 2004, Z, born on [...], 2003, and A, born on [...], 2000, are still in danger; [ 14 ] ORDERS the placement of Z in a reception centre for a period of six months and authorizes him to attend a treatment program as soon as the program become available, with reintegration with the mother in the last sixty days of the placement; [ 15 ] ORDERS that the children X, Y and A remain in the foster home, which is that of the paternal grandmother, for a period of six months, with reintegration into the care of the mother in four months if the situation allows; [ 16 ] ORDERS that the frequency and the conditions of contact between the children and their parents be supervised by the Director of Youth Protection; [ 17 ] RECOMMENDS that the father attend and complete a substance abuse program; [ 18 ] RECOMMENDS that the parents commit to and accept after-care services; [ 19 ] TAKES NOTICE of the consent of the mother to authorize the Director of Youth Protection to obtain information and share it with all service providers working with the family; [ 20 ] RECOMMENDS that the Director of Youth Protection be authorized to obtain information and share it with all service providers working with the father; [ 21 ] ORDERS that aid, counsel and assistance be provided to the children and the family for a period of one year; [ 22 ] TAKES NOTICE of the consent of the children Z and A to authorize the Director of Youth Protection to obtain information and share it with all service providers working with them; [ 23 ] ORDERS the police to collaborate with the Director of Youth Protection if requested; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé Counsel for the children Mtre. Camille Champeval Counsel for the applicant Mtre. Marie-Josée Ayoub Counsel for the mother Mtre. Michel Grenier Counsel for the father Date of hearing: August 15, 2017