2018 QCCQ 13082, 2018 QCCQ 13082

Protection de la jeunesse — 183414 2018 QCCQ 13082 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000240-178 and 614-41-000241-176 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2014 Y, born on [...], 2013 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled at […] Mother and B, residing and domiciled in […] 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 to the Court two motions asking the Court to review and to extend the placement of the children in foster family for a period of eight months. [ 2 ] For the present hearing, Me Michel Grenier represents the father, Me Marie-Josée Ayoub the mother and Me Yan Massé represents the children. Me Adélia Ferreira acts for the applicant. [ 3 ] A revision report is filed.

Both parents admit most of the allegations and agree that the children need to be placed because they cannot assume them. The mother would like that the children be placed with their grandmother if she is acknowledged as foster family. [ 4 ] The evidence reveals the following facts. 4.1. The father did not collaborate with the social worker since the last Court hearing. He did not have any contact with the social worker. He did not ask for any visit with the children. 4.2. The mother attended treatment for substance addiction for six weeks last September, but she relapsed one month after she returned.

Since, she continues to drink. She underwent another six weeks treatment last January 7, 2018, but she left ten days after. She was accepted in a relapsed program in City A in March, but she did not attend for medical reasons. 4.3. The mother was supposed to attend an eight weeks parenting workshop at the daycare, but she did not. She said she forgot about it. 4.4. The mother resides with the maternal grandmother, but often goes to City B when the relationship with the grandmother strained. 4.5.

The child X attends the daycare on full time and recently it has been noticed a slight delay in her speech and with her motor skills. The child has a regular follow-up every three months with the pediatrician. 4.6. X and her sister remained in the same foster home and they are doing well. [ 5 ] The social worker testifies that the mother just informed her of the grandmother’s interest to become foster parent for her two grandchildren. She will submit the application form and they will evaluate the situation.

In the past, she asked the grandmother at least three times to foster the children, but she always refused. Now, she has to evaluate her motivation to do so for the duration of such

involvement. [ 6 ] A life project might be prepared for the children considering the duration of their placements and the lack of collaboration and investment of the parents. [ 7 ] Before moving the children, the social worker needs more information and needs to meet the parents to discuss about the children’s best interest. [ 8 ] Considering the evidence and the parents’ agreement with the measures, FOR THESE MOTIVES, THE COURT : [ 9 ] GRANTS the motions; [ 10 ] DECLARES that the security and development of X and Y are still in danger; [ 11 ] ORDERS the placement of the children X and Y in foster family for a period of eight months; [ 12 ] ORDERS the Director of Youth Protection to supervise the contacts and visits between the children and the parents as for the frequency, duration, location and other modalities; [ 13 ] RECOMMENDS that the mother take the necessary steps to address their personal issues (substance abuse); [ 14 ] ORDERS that the children receive all the medical and dental services required by their situation; [ 15 ] ORDERS that the mother meet a psychologist and beneficiate of a follow-up as long as the professional recommends it; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for eight months; [ 17 ] ORDERS the parents to collaborate actively with the social worker; [ 18 ] 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 father Me Marie-Josée Ayoub Attorney for the mother Me Yan Massé Attorney for the children Date of hearing: May 24, 2018