2019 QCCQ 12343, 2019 QCCQ 12343

Protection de la jeunesse — 192870 2019 QCCQ 12343 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 635-41-000883-188; 635-41-000884-186; 635-41-000885-183 DATE: March 20, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2004 Y, born on [...], 2008 Z, born on [...], 2008 Children and A Mother and B, deceased Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of three decisions under s. 95 of the Youth Protection Act , [1] rendered on August 21, 2018, by the Honourable Lucille Beauchemin, J.C.Q.

At that time, she declared that the security and development of X, born on [...], 2004, and Y and Z, born on [...], 2008, were in danger and entrusted them to a foster family. [ 2 ] At the hearing, the three children were present and assisted by counsel. The mother was also present and assisted by counsel. Facts: [ 3 ] Since the last Court hearing, the children have remained in the foster family of their older sister, Ms. CC They are doing well and agree to stay with her. [ 4 ] On [...]1, 2019, X moved to Town B to live with a family friend where he plays hockey and attends school.

He will return to the foster family after school ends. [ 5 ] On [...], 2019, the mother was arrested at the foster family’s house as she was intoxicated. [ 6 ] The mother had not been cooperating with Youth Protection since the last Court hearing. However, the mother recently started to cooperate with the Youth Protection worker. [ 7 ] Recently, the mother started to take serious steps to seek help for her alcohol consumption issues.

Position of the parties: [ 8 ] The applicant wishes to extend the placement of the three children in a foster family. [ 9 ] The mother and the children agree with this measure. [ 10 ] These applications are not contested. FOR THESE REASONS, THE COURT:

[ 11 ] GRANTS these applications; [ 12 ] EXTENDS the decisions or orders rendered on August 21, 2018; [ 13 ] DECLARES that the security and development of X, born on [...], 2004, and Y and Z, born on [...], 2008, are still in danger; [ 14 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, with reintegration with the mother if the situation allows; [ 15 ] TAKES judicial notice that the current foster family is C, their oldest sister; [ 16 ] ORDERS the children and the mother to take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS the children and the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 18 ] ORDERS that the children attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 19 ] ORDERS the mother to remain sober and refrain from any violent behaviour in the presence of the children; [ 20 ] RECOMMENDS that the mother seek help from Social Services for her alcohol consumption and anger issues; [ 21 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 22 ] ORDERS that visits between the children and the mother be organized by the Director of Youth Protection with respect to the frequency and terms; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family until December 31, 2019; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Mtre Émilie Gélineau Counsel for the mother Date of hearing: March 20, 2019