2017 QCCQ 19920, 2017 QCCQ 19920

Protection de la jeunesse — 1710377 2017 QCCQ 19920 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 26, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2004 614-41-000232-175 Y, born on [...], 2007 614-41-000233-173 Z, born on [...], 2009 614-41-000231-177 A, born on [...], 2012 614-41-000234-171 CHILDREN ______________________________________________________________________ [INTERVENANTE 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT AND B MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 38 and 91 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 motions asking the Court to declare that the security and development of X, 13 years old, Y, 10 years old, Z, 8 years old, and A, 4 years old, are endangered pursuant to paragraphs b) 1° iii) and b) 2° of

section 38 of the Youth Protection Act . [ 2 ] Both parents are present. The father is represented by Mtre. Michel Grenier and the mother by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the children and Mtre. Adelia Ferreira for the applicant. [ 3 ] The motions are neither challenged by the parents nor the children. [ 4 ] The children have lived in foster families since December 2015, following agreements on voluntary measures signed by the parents. [ 5 ] The parents still struggle with consumption issues and they did not engage in a treatment program.

The father states that he goes to NA meetings. [ 6 ] In May 2017, the father underwent therapy for personal and marital issues. The situation of the mother mostly remains the same. She is involved in a marital relationship with someone who struggles with the same problem.

On top of that, there are concerns that the mother is victim of domestic violence by her current partner as she was seen with bruises on her body. [ 7 ] It appears that the parents have poorly collaborated with the social follow-up and the mother rarely attended the appointments with the Youth Protection Worker. [ 8 ] The father only recently started to acknowledge his issues and he is currently taking steps to improve his situation and to openly collaborate with the Director of Youth Protection.

[ 9 ] Despite the facts that the children are living in foster families, both parents maintain regular contacts with them, but they do not always respect the visitation schedule. [ 10 ] The Court had the opportunity to have, as witnesses, each of the foster families taking care of the children. [ 11 ] X is living with his paternal grandmother, Mrs. C. He is doing well. The father also lives with X and the grandmother. Mrs. C accepts to take care of X until he reaches the age of majority. [ 12 ] Mrs. D is Y’s foster family. She is her paternal aunt.

She is able, available and capable of taking care of Y until the age of majority. It seems that there are communication problems between the foster family and the mother and the Social Worker will have to work with these persons in order to resolve this problem for the best interest of Y. [ 13 ] Mrs. E, A’s foster family, also testified. She is committed to the child and agrees to take care of him on a long-term period, meaning until he reaches his majority. [ 14 ] Mrs. F is the foster family for Z. The young boy is in third grade and presents special needs as he was diagnosed with ADHD.

He must take medication on school days, but takes no medication during the weekend. The foster family also agrees to take care of the child on a long-term basis. [ 15 ] Is also filed as evidence the reports written by Mrs. [Social Worker 2] who was the Social Worker until recently. [ 16 ] The children’s counsel is of the opinion that the measures sought by the Director of Youth Protection are in the best interest of his clients. [ 17 ] The Court is of the opinion that a long-term placement is the adequate measures in order to stabilize the situation of the children.

Should the situation of the parents improve significantly, they are entitled to ask the Court to review these measures. [ 18 ] GIVEN THE EVIDENCE, THE COURT: [ 19 ] GRANTS the motions; [ 20 ] DECLARES that the security and development of X, Y, Z and A are endangered (38 b) 1° iii) and b) 2° of the Youth Protection Act ); [ 21 ] ENTRUSTS X to the care of his paternal grandmother, Mrs.

C, until he reaches the age of majority; [ 22 ] ORDERS the placement of Y in a foster family, namely the one of D and G, until she reaches the age of majority; [ 23 ] ORDERS the placement of A in a foster family, namely the one of E and H, until he reaches the age of majority; [ 24 ] ORDERS the placement of Z in a foster family, namely the one of F and I, until he reaches the age of majority; [ 25 ] ORDERS that aid, counselling and assistance be provided to the children and their family for the same period; [ 26 ] ORDERS that access rights between the parents and the children be encouraged, but supervised by the Director of Youth Protection as for the frequency and the modalities and that they be established in the best interest of the children; [ 27 ] ORDERS that the contact between the siblings be encouraged and as frequent as possible; [ 28 ] ORDERS that the parents be and remain sober when in presence of the children; [ 29 ] ORDERS the parents not to put the children in the presence of people under the influence of intoxicating substances; [ 30 ] ORDERS any police officers to collaborate to the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its representatives; [ 31 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the measures ordered. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira DYP, A Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the youth Mtre Marie-Josée Ayoub

Lawyer for the mother Mtre. Michel Grenier Lawyer for the father Date of hearing: September 6, 2017