2013 QCCQ 17529, 2013 QCCQ 17529

Protection de la jeunesse — 136050 2013 QCCQ 17529 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000469-129 635-41-000481-124 DATE: October 24, 2013 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A , working in City A and City B Applicant and X, born on [...], 2011 Y, born on [...], 2012 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT (sections 95 (1st para.) and 75, Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection applied for the review of a decision rendered on November 20, 2012 by Renée Lemoine J. At that time, X was entrusted to the maternal grandparents for a period of six months and Y was placed in a foster family for a period of six months. [ 2 ] On May 7, 2013, Renée Lemoine J. granted a verbal motion under

section 79 of the Youth Protection Act [1] and extended the measures until June 11, 2013 for both children. [ 3 ] On June 11, 2013, Renée Lemoine J. ordered the extension of the measures for both children until August 27, 2013, because the parents were not present. [ 4 ] At the hearing, X and Y were represented by Mtre. Marie-Claude De Gagné, the parents were assisted by Mtre. Robert Jr Poirier and Mtre.

Gabriel Gaudreault acted on behalf of the petitioner. [ 5 ] The parents admitted that: • Their relationship is unstable; • X is still placed with his maternal grandparents and is doing well; • The father has regular contact with the child X. [ 6 ] The Court heard Mrs. [Social Worker 1], social worker in City A and City B, who filed a revision report and a complementary report for X and Y in which she recommended that X be entrusted to the paternal grandparents for a period of six months and that Y’s measures be extended for six months in a foster family. [ 7 ] X is living with his maternal grandparents.

Both the parents and the maternal grandparents have issues regarding violence, alcohol consumption and conjugal quarreling. [ 8 ] X is two years old. He is vulnerable and needs a safe environment. The paternal grandparents are able and willing to receive X for the next six months.

[ 9 ] Y has been placed almost since her birth. Her first placement was on October 8, 2012. Parents show disinterest in the child.

They are still struggling with personal issues regarding alcohol and drugs. [ 10 ] A life project must be prepared in order to protect Y, who is less than a year old. [ 11 ] The parents agreed with the measures for X and Y. [ 12 ] FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] ORDERS that X, born on [...], 2011, be entrusted to his paternal grandparents for another period of six months; [ 15 ] ORDERS that the child Y, born on [...], 2012, be placed with a foster family for another period of six months, during which time a permanent life plan will be prepared; [ 16 ] ORDERS that the father seek help for his anger management, drug consumption and conjugal violence issues; [ 17 ] ORDERS that the frequency and terms of contact between X and his parents be determined by Youth Protection; [ 18 ] ORDERS that the frequency and terms of contact between X and his maternal grandparents be determined by Youth Protection; [ 19 ] ORDERS that the mother seek help for conjugal issues; [ 20 ] ORDERS that the parents and paternal grandparents take an active

part in the application of the measures ordered to put an end to the situation of endangerment regarding the security and development of the children; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children, their parents and their paternal grandparents for a period of six months; [ 22 ] ORDERS that the frequency and duration of contact between Y and her parents, as well as the level of supervision of contact, including the presence of a third party, be determined by the Director of Youth Protection; [ 23 ] ORDERS that contact between the child X and Y be encouraged; [ 24 ] RECOMMENDS that Y’s foster family make sure that she participates in Inuit activities; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ENTRUSTS the children’s situation to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre. Gabriel Gaudreault Cain Lamarre Casgrain Wells Counsel for the applicant Mtre. Marie-Claude De Gagné Counsel for the children Mtre. Robert Jr Poirier Counsel for the parents Date of hearing: August 27, 2013