2018 QCCQ 13079, 2018 QCCQ 13079

Protection de la jeunesse — 183411 2018 QCCQ 13079 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000069-163 and 640-41-001462-123 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2015 Y, born on [...], 2010 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, residing and domiciled in […] Mother ______________________________________________________________________ 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 a motion to review and to extend the placement of Y and X in foster family until they reach their majority. [ 2 ] Me Yan Massé represents the children, Me Michel Grenier the mother and Me Adélia Ferreira acts for the applicant. [ 3 ] Me Grenier, on behalf of the mother, admits all the allegations and agrees with the measures. [ 4 ] A revision report is filed.

The social worker and the foster parents, Mrs B and Mr C, testified. [ 5 ] The evidence reveals the following facts : 5.1. On July 26, 2017, the children were entrusted to a foster home for nine months with recommendation that the Director of Youth Protection prepare a life plan for the children; 5.2. The children remained in the same foster family and both are doing well. The oldest child attends school and has some difficulties. A special educator is working with him. The youngest attends daycare; 5.3. The foster parents are aware that the oldest child is dealing with issues.

But the child behaves well in the foster home. With a regular medical follow-up and the stability of their home, they believe that the child’s behaviour will improve; 5.4. Both children need a safe, stable and secure environment. Their needs are met with the actual foster parents; 5.5. The mother’s situation remains the same. She did not take any steps to resolve her issues. She did not meet the social worker and she is irregular in her contacts, the last visit occurred in November; 5.6. The mother does not have a stable place of living; 5.7.

The foster parents are attached to the children and treat them as their own. They are aware that the children should not have contact with the previous foster parents and they are able to comply with this request; [ 6 ] Considering the evidence; [ 7 ] Considering the delays of placement for both children in regard with

section 91.1 of the Youth Protection Act;

FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the motions; [ 9 ] DECLARES that the security and development of X and Y are still in danger; [ 10 ] ORDERS the placement of X and Y in the foster family of Mrs B and Mr C until the age of majority of the children; [ 11 ] ORDERS the Director of Youth Protection to supervise the contacts between the mother and the children as for the duration, location, frequency and the presence of a third party if required; [ 12 ] WITHDRAWS certain attributes of parental authority from the mother and DELEGATES to the Director of Youth Protection for the purpose of signing consents for medical, recreational, education purposes including obtaining a passport for travelling purposes; [ 13 ] RECOMMENDS that the mother address her personal issues related to unresolved substance use; [ 14 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the mother until [...], 2028 for Y and until [...], 2033 for X; [ 15 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 16 ] 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 mother Me Yan Massé Attorney for the children Date of hearing: May 24, 2018