2011 QCCQ 14367, 2011 QCCQ 14367

Protection de la jeunesse — 113404 2011 QCCQ 14367 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth chamber No: 640-41-001113-080 640-41-001112-082 DATE: July 6, 2011 ______________________________________________________________________ BY THE HONOURABLE DANIEL BÉDARD, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 Y, born on [...], 1999 [INTERVENANTE 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in town A, district A, Quebec Applicant -and- A, residing and domiciled in town A, district A, Quebec Mother -and- B , presently detained at the Detention Centre A, district A, Quebec Father ______________________________________________________________________ JUDGMENT (

Section 95 ( par.1) and 75 , Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection demands the review of the decision rendered on October 13, 2010 concerning Y born on [...], 1999 and her brother X, born on [...], 2007. [ 2 ] Both parents are present and represented. II - ISSUE TO RESOLVE [ 3 ] The Director of Youth Protection recommends the foster care of the children in a foster family, until they reach the age of majority. The foster mother is the maternal grandmother.

The parents do not contest the measure but they disagree with the length. III - ANALYSIS OF THE FACTS AND DECISION [ 4 ] The evidence tendered consists of the testimony of the social worker, responsible of the file, the admissions and testimony of the father and the admissions made by the mother. To complete the evidence, the review report is filed with the consent of all the parties. [ 5 ] Before proceeding with the analysis of the evidence, must be noted that the situation of the children is known since 2007. Indeed, the first decision rendered was on October 16, 2007.

At the time, the dangerous situation was in relation with alcohol abuse on the part of the parent and consequently neglect. The Court had ordered that the children be maintained with the parents with specific conditions imposed to the parents to correct their situation. [ 6 ] On January 20, 2009, another decision was rendered, declaring the security and development of the children in danger. One must understand that the file had been closed, since the Court declared once more the security and development of the children in danger.

At the time, the dangerous situation was still related to alcohol abuse by the mother. The father was serving a detention term namely for an assault with a weapon or causing bodily harm.

[ 7 ] The Court ordered on January 20, 2009 the foster care of the children in a foster family for a period of six (6) months. [ 8 ] On July 16 2009, the Court reviewed the decision and the children were entrusted to their parents, again with specific conditions for the parents. [ 9 ] On October 13, 2010, the Court reviewed the decision and ordered the foster care of the children in a foster family for a period of six (6) months. [ 10 ] On April 19, 2011, the Court ordered the provisional foster care of the children in a foster family, until June 14, 2011. [ 11 ] The evidence tendered outlines the following facts, namely: - the grandmother is the main caregiver since at least a year and before that, on a on and off basis since 2007; - she is a full time employee at the school, is tired but still interested and capable of assuming parental responsibilities towards her grandchildren; - her daughter, the mother of the children, comes at least once a week at her house and helps; - her daughter still consumes alcohol and for her it's a lost cause; - the father has regular contacts with the children; - the father is serving a conditional sentence for a period of twelve (12) months and is presently residing in town B, in a halfway house where he undergoes a rehabilitation process.

He also has the intention to attend a therapy for alcohol abuse during his sentence; - the mother presents herself at the office of the social worker on a regular basis since the last Court order rendered on April 19, 2011; [ 12 ] According to the grandmother and the social worker the parents have good parental skills and, when sober, take good care of their children. [ 13 ] The problem is one of stability. In the case at bar and at this point in time, it is impossible to foresee what will be the situation of the parents at the end of the conditional sentence in 2012.

The father wishes to reintegrate his residence with the mother and states that he will not consume alcohol. The mother, who has not testified, is still consuming and when confronted to this fact, the father maintains that if it is still the case upon his return, he could sleep elsewhere with the children. [ 14 ] The evidence convinces the Court that stability of living conditions and continuous care are the main factor that have to be considered in the interests of the children.

Presently, the parents cannot provide such stability and there is no element from which the Court could infer that such would be the case in a near future. [ 15 ] The instability has been present for many years, at least since 2007, when a referral was made, concerning the security of the children. [ 16 ] As explained to the parents during the hearing, should their situation alone or together stabilize to a point where they would be capable and available, it will always be possible to demand the review of the situation. [ 17 ] They love their children and the children love their parents.

Unfortunately, it is not sufficient to bypass the needs and interests of the children. The children's lawyer also is in agreement with the recommendation of the Director of Youth Protection. [ 18 ] Is also taken into consideration the fact that the foster parent is the maternal grandmother, a stable and permanent figure for the children, since many years. [ 19 ] FOR THESE MOTIVES, THE COURT: [ 20 ] GRANTS the demands; [ 21 ] MAINTAINS the security and development of the children in danger; [ 22 ] REVIEWS the decision rendered on October 13, 2010; [ 23 ] ORDERS the following measures in accordance with

section 91 of the Law:

a) the foster care of the children in a foster family, until they reach the age of majority;

b) that a person working for an organism or establishment provide aid, counsel and assistance to the children, the parents and the grandmother, during the foster care measure;

c) that the parents collaborate in the measures proposed to correct the situation; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the purpose of executing the measures ordered by the Court.

__________________________________ DANIEL BÉDARD, J.C.Q. Me Michel Solomon Lawyer for the children Me Alexandre Cimon Lawyer for the D.Y.P. Me Sarah Plamondon Lawyer of the mother Me Angèle Tommasel Lawyer of the father Date of hearing: June 14, 2011