2019 QCCQ 12341, 2019 QCCQ 12341

Protection de la jeunesse — 192868 2019 QCCQ 12341 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 635-41-000835-170; 635-41-000836-178 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2014 Y, born on [...], 2014 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on June 27, 2018, by the Honourable Jacques Ladouceur, J.C.Q.

At that time, he declared that the security and development of the children, X and Y, were still in danger and entrusted them to a foster family. [ 2 ] At the hearing, the children were not present but were represented by counsel. The mother was not present but was represented by counsel. The father was not present or represented.

Facts: [ 3 ] X and Y are five-year-old twin sisters and are being fostered by a family in Town B, Quebec. [ 4 ] The mother admitted the following facts: [ 5 ] Following the last Court hearing, the twin sisters were entrusted to the foster family of their maternal aunt in Town C. [ 6 ] On August 22, 2018, the twin sisters were found playing outside the parents’ house and entrusted back to foster care. [ 7 ] The parents still display alcohol consumption and conjugal violence issues. They have not been attending treatment for their alcohol consumption issues.

The police had to intervene with the parents on several occasions when they were intoxicated. [ 8 ] On September 25, 2018, the father was arrested and remains in custody for an event of conjugal violence that occurred when both parents were intoxicated. [ 9 ] The mother agrees that the girls continue to be fostered until June 7, 2019. Analysis: [ 10 ] This is another situation where two children from Town D are entrusted to a foster family in the southern part of the province. The twins were placed with two different foster families before they were sent to a foster family in Town B, Québec.

[ 11 ] The Court is not convinced that every measure has been taken to keep these children within their community. Were the family and the community consulted? Is there a foster family on the Hudson coast ready to foster the twins? [ 12 ] The Director of Youth Protection must look at all the options before sending the children out of Town D.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the applications; [ 14 ] REVIEWS the decision or order rendered on June 27, 2018; [ 15 ] DECLARES that the security and development of the children, X and Y, born on [...], 2014, are still in danger; [ 16 ] ORDERS that the children be entrusted to an Inuk foster family , chosen by the institution operating a child and youth protection centre, until June 7, 2019; [ 17 ] ORDERS the children and the children’s parents to take an active

part in the application of any of the measures ordered by the Court; [ 18 ] ORDERS the children and the children’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 19 ] ORDERS the parents to remain sober and refrain from all violent behavior in the presence of the children; [ 20 ] PROHIBITS the children from having any contact with Mr.

C; [ 21 ] RECOMMENDS that the parents seek help through Social Services for their alcohol and personal issues; [ 22 ] ORDERS that contact between the children and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family until June 7, 2019; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the children, X AND Y, to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE UNTIL JUNE 7, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: March 19, 2019