2020 QCCQ 9465, 2020 QCCQ 9465

Protection de la jeunesse — 201868 2020 QCCQ 9465 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000456-196; 614-41-000457-194 DATE: February 10, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2002 Y, born on [...], 2004 TEENAGERS and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 submits two motions asking the Court to review and extend a decision rendered on August 27, 2019, ordering the placement of the youths in a foster family for a period of six months with reintegration to the care of the mother. [ 2 ] Both teenagers are present and represented by Mtre. Michel Grenier. Mtre. Marie-Josée Ayoub acts on behalf of the father who is also present. The mother, despite travel arrangements made for her, didn’t attend court.

She was reached by the applicant. She is still in Town A. She stated that she is sick and that she agrees with the recommendations of the Director of Youth Protection. [ 3 ] The evidence, made by the admissions of the parties, testimony of the applicant and the revision report filed, revealed that both teenagers are generally doing well in the foster family. [ 4 ] It appears that the mother continues to drink and is not in a position to resume the care of X and Y.

She has not taken any steps to get help and resolve her issues. [ 5 ] The mother’s collaboration with the Social Worker is inconsistent. [ 6 ] The youths did not really maintain contact with their mother. As they lived at their paternal grandmother’s place, who is also a foster family, the father had contact with the teenagers.

The father acknowledges that he is not involved in the social follow-up, but he would be willing to collaborate in the future. [ 7 ] The father is of the opinion that a placement is still needed for both teenagers. [ 8 ] As for X, he will be 18 years old next Y so the Director amended his recommendation. Mtre. Ayoub, on behalf of the father, also suggested that the big brother of X and Y, Z, be assessed, and if the result is positive, that he be considered as a place for reintegration of the teenagers.

The Director agrees to perform such an assessment before taking a decision as to where the teenagers will be reintegrated. THEREFORE, THE COURT; [ 9 ] GRANTS the applications; [ 10 ] DECLARES that security or development of X and Y are still endangered;

[ 11 ] ORDERS that the child X entrusted to a foster family for a period of six (6) months, with possible reintegration with one or the other parent or the brother Z, after 4 months if the situation allows it; [ 12 ] ORDERS that the child Y be entrusted to a foster family for a period of nine (9) months, with possible reintegration with one or the other parent or the brother Z, after six (6) months if the situation allows it; [ 13 ] RECOMMENDS that the foster family be the one of Mrs.

C, paternal grandmother; [ 14 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youths and the parents for a period of one year for Y and until [...], 2020, for X; [ 15 ] ORDERS that the access rights between the parents and the teenagers be supervised by the Director of Youth Protection as for the frequency and modalities; [ 16 ] ORDERS that the parents remain sober in the presence of the teenagers; [ 17 ] ORDERS the parents not to put the teenagers in the presence of people under the influence of intoxicating substances; [ 18 ] ORDERS the parents to remain actively involved with their children’s schooling and medical appointments; [ 19 ] ORDERS the parents to collaborate with the Director of Youth Protection and inform the Worker of any changes of address or occupation within 24 hours; [ 20 ] ORDERS both parents to report to the Director of Youth Protection regularly; [ 21 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 22 ] RECOMMENDS that Director of Youth Protection make all necessary steps to assess the big brother Z; [ 23 ] ORDERS any peace officer to collaborate with the execution of the Court orders; [ 24 ] ENTRUSTS the situation of Y and X to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in Town B, on March 31, 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Michel Grenier Michel Grenier, Avocat – Town C Attorney for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc. – Town D Attorney for the father Date of hearing: February 10, 2020