2017 QCCQ 11824, 2017 QCCQ 11824

Protection de la jeunesse — 175111 2017 QCCQ 11824 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000098-162, 614-41-000099-160, 614-41-000100-166 and 614-41-000101-164 DATE: August 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2005 Y, born on [...], 2006 Z, born on [...], 2010 A, born on [...], 2011 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, Quebec, District A Applicant and MRS A, residing and domiciled in City A, Quebec, District A Mother and MR B, residing and domiciled in City B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A submits four motions asking the Court to review the situation of X (11 years old), Y (10 ½ years old), Z (7 years old) and A (5 ½ years old). [ 2 ] The applicant recommends that the children remain placed in foster families for an additional period of nine months with possible reintegration with the mother after she succeed to maintain her sobriety for a consecutive period of three months. [ 3 ] At the hearing, the father is present, assisted by Me Yan Massé.

Me Michel Grenier represents the absent mother. Me Marie- Josée Ayoub represents the children and Me Adélia Ferreira the applicant. [ 4 ] The evidence of the new facts in support of the revision is constituted of the admissions made by the parties, a revision report and the social worker’s testimony. [ 5 ] It is proved that since the previous judgment, the children remained placed in foster families and that the reintegration with the father could not be started. [ 6 ] The father has not mobilized himself to secure a home to receive his children. He remained passive regarding his situation.

He did not collaborate with the social worker, and today, his situation is similar as the previous one. [ 7 ] The mother offered a better collaboration. She attended a six weeks therapy for substance abuse last October 2016. She succeeded to remain sober until February 2017. She consumes since then, but she reengages to return in therapy. [ 8 ] The children react to the mother’s relapse. Y particularly, overreacted. He displays behavioural issues at school and in foster home. He said he wanted to die and injured himself by banging his head on the wall last March 24, while being at school.

Because of his misbehaviour, he was suspended from school for a day on April 20. All the children are deceived and sad. [ 9 ] The mother’s situation improved a little. Her collaboration with the social worker was irregular. She now seems really motivated to return in treatment and to have her children back with her.

[ 10 ] Considering the evidence; THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of X and Y and Z and A are still in danger; [ 13 ] ORDERS the placement of X and Y and Z and A in foster families for a period of nine months; [ 14 ] AUTHORIZES a progressive reintegration with the mother after her therapy and after she succeeds to maintain her sobriety for a three month period and collaborates with the social worker; [ 15 ] ORDERS the mother to attend treatment for alcohol (relapse program); [ 16 ] ORDERS the mother to continue her therapies for her personal issues and anger management; [ 17 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the parents (frequency and duration); [ 18 ] ORDERS the parents to remain sober in the presence of the children; [ 19 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and the children for one year; [ 20 ] ORDERS the parents to report periodically to the Director of Youth Protection and to collaborate actively; [ 21 ] ORDERS the parents to authorize the Director of Youth Protection to have access to information regarding their attendance and collaboration with other specialists; [ 22 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Adélia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Yan Massé Attorney for the father Me Marie-Josée Ayoub Attorney for the children Date of hearing: July 7, 2017