2011 QCCQ 14391, 2011 QCCQ 14391

Protection de la jeunesse — 113610 2011 QCCQ 14391 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-41-000490-110 610-41-000491-118 610-41-000492-116 DATE: August 4, 2011 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre jeunesse A, having a place of business at […], town A, district A, […] Applicant -and- X, YAND Z, domiciled and residing at […] at town B, district A, […] Children -and- A and B, domiciled and residing at […] at town B, district A, […] Parents ______________________________________________________________________ JUDGMENT ( Sections 38 and 85 Youth Protection Act, R.S.Q. c.

P-34.1 ______________________________________________________________________ [ 1 ] The Tribunal is seized of three petitions aiming to declare the security and development of X, born on […], 2004, Y, born on [...], 2006, and Z, born on [...], 2001, as being compromised in regard of

Section 38 b) 2 o of the Youth Protection Act . The applicant recommends to entrust Z to a foster family and Y and X to their aunt, Mrs C, for a period of four months with progressive reintegration in their family as soon as the situation will allow it. [ 2 ] Mrs A and Mr. B are present at the hearing and represented by their lawyer. The admit most of the allegations of the petition and agree with the measures recommended by the applicant.

The children’s counsel cannot make any admissions as such but was told by Y and X that they agree with the recommendation of being entrusted to their aunt. [ 3 ] This family is well known by the Youth Protection services since a couple of years. Three agreements on voluntary measures were signed with the parents since August 2009 due to the facts that they had difficulties to meet the children’s basic needs. The help offered to them did not improve the children’s situation. [ 4 ] On [...], 2011, the mother gave birth to Z in A [province A].

Two days after her birth, she had to be transferred in B hospital because she developed signs of neonatal abstinence syndrome and had to be given morphine. [ 5 ] At the time of the petition, the mother still had a drug addiction problem and missed several appointments scheduled for her with the Centre A Mr. B also had a drug addiction problem. They met for the first time, on May 10, 2011, a drug and alcohol addiction counsellor at the Centre A. After an evaluation of their situation, they met the requirements for a methadone treatment, which they are now following. This has made a great change in their life.

They passed drug control test with success. [ 6 ] Their main priority is now to have their children back to take care of them and they are taking all the necessary steps to achieve this goal. They have stopped consuming drugs and are collaborating with the applicant. They see their baby every day and their two other children many times a week.

As they have a house on the reserve of town B, it will be possible for them to receive their children as soon as their situation will allow it. [ 7 ] Considering the admissions made, the testimonies and the written proof, the Tribunal considers that the recommendations are in the best interest of the children and that they respect their rights. FOR THESE REASONS, THE TRIBUNAL: GRANTS the petitions;

DECLARE that the security and development of Z, born on […], 2011, Y, born on […], 2006, and X, born on […], 2004, are compromised in regard of

Section 38 YPA; ENTRUSTS the child Z to a foster family and the children Y and X to their aunt, Mrs C, for a period of four months with progressive reintegration in their family if the situation allows it; ORDERS that the contact children/parents be supervised by the Centre jeunesse as for their frequency and modalities; ORDERS that the parents take an active

part in the application of any of the measures ordered by the tribunal; ORDERS that the parents take an active

part in a follow-up for their drug and alcohol dependence for as long as deemed necessary by the professional who will provide it; ORDERS that the parents do not consume or be under the influence of any drug or alcohol in the presence of their children, except for those prescribed by a doctor; ORDERS that the parents and the children receive all the health care and health services that they need; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and to their parents; FIX the duration of the measures at one year, except for the placement; ENTRUST the children’s situation to the director of youth protection who shall see that the measures are carried out; ORDERS any peace officer to collaborate at the execution of this enactment if required. __________________________________ MARC E.

GRIMARD M e Julie Lemire Counsel for the applicant M e Isabelle Godon Counsel for the children M e Peggy Warolin Counsel for the parents Date of hearing: July 26, 2011