2012 QCCQ 12185, 2012 QCCQ 12185

Protection de la jeunesse — 123926 2012 QCCQ 12185 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N os : 615-41-001621-118 et 615-41-001622-116 DATE: July 10, 2012 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on […], 2009 Y, born on […], 2007 MR [SOCIAL WORKER 1] Human Relation Agent, exercising his profession at the Centre Jeunesse A having a place of business at […] at city A, district A, […] Petitioner and MRS A, residing and domiciled at […] in city A, district A, […] Mother and MR B, residing and domiciled at […] in city A, district A, […] Father ______________________________________________________________________ JUDGMENT (Section 95 (1 and 2) Y.P.A. , chap.

P-34.1 R.S.Q. ) ______________________________________________________________________ [ 1 ] Mr [social worker 1] delegate of the Director of Youth Protection A, is asking the Court to review the last judgment rendered on December 20, 2011 by the undersigned concerning Y (4 years old) and X (3 years old). As the parents' situation remains a problem, the petitioner is asking for their placement with their paternal grandmother for one year. [ 2 ] At the hearing, the father and the mother are present. The children are absent, but represented by Me Sylvie Gourd.

Me Valérie Martel represents the petitioner. [ 3 ] The parents admit many allegations and agree with the recommendation of a one-year placement with the paternal grandmother. A revision report is filed. [ 4 ] Evidence is given that even if the parents had a Superior Court order for the children's custody, they do not respect it. The mother assumes most of the custody time and the father usually delegates the care of his children to her or his parents. Also, their conjugal status is still unstable. Over the last two months, they got separated three times.

Their collaboration and honesty are still difficult with the Social Worker. They have personal and financial difficulties and their consumption of drugs and alcohol has increased. The grandmother had to pay the debt at the daycare to ensure X's place. She also paid the father's rent. [ 5 ] Last April 20, the mother went out and consumed drugs and alcohol. On April 21, before noon, she was assuming the children's care while she was still inebriate. On the same day, she entrusted the children to the father, who delegated his responsibilities to his mother.

Consequently, they went out together and consumed drugs and alcohol. The children's situation were referred to the Youth Protection on April 21, and still on April 23, the Social Services did not succeed yet to reach them. [ 6 ] Considering that the parents' behaviour is still problematic and that they do not show any motivation to change their way of life, they cannot offer a safe and secure environment for the children. [ 7 ] Until now, the parents did not give any priority in their life to their children. Y is having a severe delay of development and the parents did not seek for services yet.

The grandmother is assuming already those responsibilities. She agrees to fully collaborate with services offered to Y. She agrees to assume the children for a year, giving time to the parents to improve their situation. [ 8 ] The parents want to have regular contacts with the children. They are well aware of the important aspect that those visits should be regular because of the children's vulnerability. [ 9 ] Considering the nature and gravity of the parents' problems;

[ 10 ] Considering the children's vulnerability and their specific needs; [ 11 ] Considering the parents' interest and motivation, [ 12 ] The Court agrees with the duration of the children's placement and all of the recommendations. [ 13 ] FOR THESE MOTIVES, THE COURT : [ 14 ] GRANTS the petitions; [ 15 ] DECLARES that the security and development of X and Y are still endangered; [ 16 ] ENTRUSTS Y and X to their paternal grandmother, Mrs C, for a period of one year; [ 17 ] ORDERS the mother to receive individual counselling from mental health services and to follow the recommendations of the professionals; [ 18 ] ORDERS the parents to attend detoxification therapy followed by a post-therapy follow-up, until the professionals giving the services recommend otherwise; [ 19 ] ORDERS the parents to authorize the Director of Youth Protection to obtain information from the professionals regarding their personal follow-up and their evolution; [ 20 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and their parents for a period of one year; [ 21 ] ORDERS the Director of Youth Protection to supervise the visit rights and access for the parents to the children (frequency and duration); [ 22 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this enactment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Valérie Martel, attorney for the petitioner Me Sylvie Gourd, attorney for the children Date of hearing: June 14, 2012