2012 QCCQ 17276, 2012 QCCQ 17276

2012 QCCQ 17276 Protection de la jeunesse — 126782 JG2189 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] CITY OF […] « Youth Division »

N os : 640-41-001362-117 640-41-001363-115 DATE: May 23, 2012 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN: X Born on […]…, 2000 Y Born on […], 1999 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in City A (Quebec), district A; Mother -and- B, residing and domiciled in City B (Quebec), district A; Father of X -and- Father of Y, (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) submits to the Court a motion for revision of a decision rendered on December 1, 2011 by Justice Nancy McKenna in which she entrusted the children to a foster family (grandmother) for a period of six (6) months. [ 2 ] Today, the Director recommends that the children be entrusted to their grandmother, Ms.

C, until their majority. [ 3 ] At the hearing, the father is present and agrees to the conclusions. [ 4 ] The mother is also present and disagrees. She thinks she can be responsible for the children. [ 5 ] After hearing the evidence, the attorney for the children agrees with the recommendations made by the Director.

Update of the situation since December 1, 2011 [ 6 ] The mother still drinks alcohol in an abusive manner and on a regular basis. She goes to the party house where violence, alcohol and sexual abuses occur. [ 7 ] Up until very recently, the mother maintained her relationship with Mr. D who has a past of conjugal violence and death threats. Mr. D assaulted the mother on two (2) occasions. [ 8 ] On April 15, 2012, the mother was confined, beaten heavily and received death threats by Mr. D. Mr. D has been sentenced to two (2) years of detention. [ 9 ] Since Mr.

D is detained, the mother is spending more time at the grandmother's house. The grandmother says that when the mother does not drink, she can be helpful with the children. [ 10 ] As for the children, they have been living with their grandmother since December 4, 2011. The grandmother works in a school. She is a very reliable person. The children are happy to live with her and they benefit from her good care.

Both children are going to school and doing well. [ 11 ] The grandmother collaborates well with the social worker. [ 12 ] She testifies in Court that she is ready to keep her grandchildren until their majority. Applicable measures [ 13 ] The mother has been receiving services since 2003 and nothing has changed. She still drinks alcohol in an abusive manner. [ 14 ] Since December 4, 2011, the grandmother has the responsibility of the children. Although the mother can lend a hand when she is sober, it is the grandmother who is the reliable caregiver.

She is the person looking after the children's needs on a daily basis, feeding them, cleaning them and making sure they go to school. [ 15 ] For these reasons, the Court believes that the solution that is proposed by the Director is in the best interest of the children because it represents for the children the best of both worlds: a responsible grandmother on who they can always count and a mother that is capable of contributing when she is sober.

THEREFORE, THE COURT: GRANTS this motion; REVISES the decision rendered on December 1, 2011 by Justice Nancy McKenna; DECLARES that the security and the development of X and Y continue to be compromised; ORDERS that X and Y be entrusted to their grandmother, Ms.

C, until their age of majority ; ORDERS that the contacts between X, Y and the mother be under supervision of the Director of Youth Protection concerning the conditions and frequency of these contacts; ORDERS that the parents and the children actively participate in the application of the measures; ORDERS that a person working for an institution or body provides aid, counsel and assistance to the children and Ms.

C, as well as to the mother and/or the father upon their request; ENTRUSTS the situation of X and Y to the Director of Youth Protection A who shall then see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ LISE GAGNON, J.C.Q. M e Gabriel Gaudreault Attorney for the D.Y.P. M e Jean-Francis Bonnette Attorney for the children M e Sarah Plamondon Attorney for the mother M e Angèle Tommasel Attorney for the father

Date of hearing: May 23, 2012