2011 QCCQ 10706, 2011 QCCQ 10706

Protection de la jeunesse — 112523 2011 QCCQ 10706 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” DATE: April 20, 2011 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE JOSÉE BÉLANGER, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : 610-41-000301-069 X 1999[…] 610-41-000302-067 Y 2001[…] ______________________________________________________________________ [SOCIAL WORKER 1], a.r.h., duly authorized by the Director of Youth Protection of the Centre jeunesse A, in city A, district A, province of Quebec.

Applicant -and- A, domiciled and residing in city B, district A, province of Quebec. Mother -and- B , domiciled and residing in city C, district A, province of Quebec.

Father ______________________________________________________________________ JUDGMENT Sections 95 and 75 of the Youth Protection Act ______________________________________________________________________ [ 1 ] [SOCIAL WORKER 1], a.r.h., duly authorized by the Director of Youth Protection of the Centre jeunesse A, asks the Court to revise the decision rendered on June 15 th , 2009, by the judge Bernard Gagnon, J.C.Q., concerning X, born on […] 1999, and Y, born on […], 2001. The same judgment has been rendered in both files.

The conclusions are the following: “ THEREFORE, THE COURT : ACCUEILLE la requête; DÉCLARE que la sécurité et le développement de l’enfant demeurent compromise; PROLONGE l’ordonnance prononcée le 22 octobre 2008; CONFIE l’enfant à sa grand-mère paternelle jusqu’à sa majorité, soit jusqu’au 3 décembre 2017; ORDONNE qu’une personne oeuvrant au sein du centre jeunesse apporte assistance, aide et conseils à l’enfant, à ses parents et à la grand-mère paternelle tout au cours de la période; ORDONNE que les contacts de l’enfant avec sa mère soient supervisés par le délégué de la Directrice de la protection de la jeunesse, les

modalités desdits contacts devant être convenues entre les parties et, à défaut, fixées par le Tribunal; ORDONNE que les contacts de l’enfant avec son père soient supervisés par la grand-mère paternelle; PREND ACTE de l’engagement des deux parents à être en tout temps sobres d’alcool et/ou drogue lors de leurs contacts avec leur enfant; PREND ACTE du consentement des parents à ce que les professionnels intervenant auprès de l’enfant s’échangent les informations pertinentes concernant ce dernier; RETIRE aux parents l’exercice des attributs de l’autorité parentale relativement aux soins et services de santé, aux activités scolaires, parascolaires et sportives et le confie à la grand-mère paternelle; ORDONNE à l’enfant et à ses parents de collaborer avec les intervenants sociaux et de s’impliquer dans l’application des mesures ordonnées; CONFIE la situation de l’enfant à la Directrice de la protection de la jeunesse pour l’exécution de la présente ordonnance.” [ 2 ] The parties agree to proceed in both files in the same hearing. [ 3 ] The children are represented by Me Peggy Warolin, the mother by Me Sylvie Gourd, the father by Me Marc Ouimette, and the petitioner by Me Julie Lemire. [ 4 ] The father is absent.

He’s detained. [ 5 ] Me Lemire, for the petitioner, recommends that both children be entrusted to their mother for a period of twelve months. [ 6 ] Me Gourd, for the mother, states that she agrees with the measures recommended by the director of Youth Protection, for both children. [ 7 ] [Social Worker 1], a.r.h. at the Centre jeunesse A, testifies on behalf of the petitioner. [ 8 ] [Social Worker 1] states that the DYP recommends that the children be entrusted to their mother. They live with her since last October.

The mother offers a very good collaboration to the DYP. [ 9 ] Since last October, the mother is not drinking. Her last relapse was in May. Since then, she remains sober and she continues her follow-up at Centre A. [ 10 ] The mother has a new spouse. He’s involved with the children. He’s involved with their schooling and their activities. [ 11 ] The child X is 11 years old, and is in grade 6, in city C. He had some behaviour’s problems in school. Things are better now. The bond with his mother is strong. He always wanted to go back with her. [ 12 ] The child, Y, is 9 years old, and he’s in grade 4.

He had the same problems in school than X. But Y’s problems are more severe. He had issues with his behaviour and he had crisis. He has problems with academics and has hard time concentrating and answering simple questions. [ 13 ] Because of Y’s problems, [Social Worker 1] recommends that an evaluation in paediatrics psychiatry been made. [ 14 ] Concerning the grandmother, she’s very implicated with the children and loves them very much. She understands what the role of a grandmother is and she’s there to help the children’s mother.

The children see their grandmother, and the relationship with her is going well. [ 15 ] [Social Worker 1] recommends a period of one year, because she takes into consideration the historic of the family and also the mothers consumption. The mother is going well and the DYP wants to give her all the services she needs to maintain her sobriety. [ 16 ] The mother, A, testifies on her behalf. She works as a social assistant until March 31 st , of this year. The children live with her. The relationship between her spouse and the children is good.

Her spouse attempted suicide but now he sees a psychologist. [ 17 ] She states also that she remains sober even if she had a relapse in May. [ 18 ] Concerning the children, they are doing well. There’s some improvement in their behaviour. [ 19 ] She has consulted concerning Y’s behaviour problems. [ 20 ] Y was violent with her and she had to call the police. Dr Barbeau has referred Y to a paediatrician psychiatrist. Dr Barbeau is suspecting Tourette symptoms.

Y has changed and he’s better now. [ 21 ] The mother agrees with the recommendation of one year and she’s ready to collaborate with the DYP. [ 22 ] The Court has heard the evidence and agrees with the recommendations of the DYP. [ 23 ] The mother needs support to stay sober and to take good care of her children and she’s doing very well right now. [ 24 ] The children are happy with their mother and the Court is convinced from her testimony that she will do her best to keep her

children healthy and happy. [ 25 ] FOR ALL THESE MOTIVES, THE COURT : [ 26 ] GRANTS the petitions; [ 27 ] MAINTAINS that the situation and development of Y and X, are still in danger; [ 28 ] ENTRUSTS the children Y and X to their mother for a period of 12 months; [ 29 ] ORDERS that the parents and the children take and active

part in the application of any measures ordered by the Court; [ 30 ] ORDERS that a person who is working for an institution or body, provides aid counselling or assistance to the children and the children’s parents for a period of 12 months; [ 31 ] ORDERS that both children meet with an educator for as long as necessary; [ 32 ] ORDERS that Y receives specific health services such as paediatrics psychiatry evaluation and a follow-up if necessary; [ 33 ] ORDERS that the information be exchanged between the differents workers and professionals involved for the best children’s interest; [ 34 ] ORDERS that the visits between the father and both children be supervised by the Director of Youth Protection as for their frequency and modality; [ 35 ] ORDERS that the parents should not consume drug or alcohol in the presence of both children all the times; [ 36 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the enforcement of this enactment; [ 37 ] ORDERS any peace officer to collaborate to the execution of this enactment. __________________________________ JOSÉE BÉLANGER, J.C.Q.

M e Julie Lemire Attorney for the D.Y.P. M e Peggy Warolin Attorney for the children M e Sylvie Gourd Attorney for the mother M e Marc Ouimette Attorney for the father Date of hearing: February 24, 2011