2016 QCCQ 10992, 2016 QCCQ 10992

Protection de la jeunesse — 164793 2016 QCCQ 10992 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-001922-159 and 640-41-001923-157 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2012 Y, born on […], 2011 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father of Y and interested party for X ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. seizes the Court with two motions asking to review the decisions rendered on October 13, 2015 by Honourable Lise Gagnon, J.C.Q., concerning the situation of X, born on […], 2012, and Y, born on […], 2011.

He asks for the prolongation of the placement for both children in foster families until July 2017. [ 2 ] At the hearing, the parents are present, assisted by Me Marie-Claude De Gagné (father) and Me Angela Tommasel (mother).

Me Cassandra Neptune represents the children and Me Aubrée Coutanson the applicant. [ 3 ] The parents admit the allegations related to the facts that the children were placed with the maternal grandmother who is willing to care for them on a long-term basis, that the children have frequent contacts with their mother when she is sober, that on April 1, 2016, the police were called and intervened as the mother was highly intoxicated in presence of X at a friend's house, and that on April 4, when the social worker tried to meet the mother, she was still intoxicated with alcohol. [ 4 ] Even if the parents' situation proved on the first judgment that they have an unstable relationship and that the mother displays alcohol problems, they deny all them at the revision.

But those problems exist for at least four years if we consider the three previous agreements on voluntary measures signed before the first judgment. [ 5 ] The grandmother helped often the parents with the children. Over the years, she offers good collaboration with the social workers. She cares for her grandchildren and is well aware that they need a stable home.

At one point, as mentioned in the last judgment, if the parents do not change their way of living and do not show more motivation, the Director of Youth Protection will have to entrust the children to a foster family outside the community, because the stability of the children should be the priority. [ 6 ] The children are young and vulnerable. The interference of the mother with the grandmother and the children is not always positive. She often keeps X with her at her place for sleepovers without informing the social worker. The children also keep contact with their father with daily phone.

Meanwhile, the father never asked for contact with the children to the Director of Youth Protection. [ 7 ] The new social worker in the files considers that the attachment of the grandparents to Y is clearly apparent. They are ready to commit for him on a long-term basis. They would be more ambivalent towards X. [ 8 ] Considering the situation, Mrs [social worker 1], the social worker, needs to re-evaluate the children's situation. They should be placed together in the same environment. The involvement of the grandparents with X must be observed and discussed.

An intervention plan of the social worker with the parents should be establish with specific goals to achieve. The contacts of the parents with the children must be supervised by the Director of Youth Protection. The grandparents must be aware that the Director of Youth Protection is entrusted with the children's situation and they cannot let the parents decide.

[ 9 ] As mentioned in the last judgment by Honourable Gagnon « the children must not be reintegrated with the parents if things do not change for good ». [ 10 ] Because the evidence of the services provided show some problems, the Court accepts the prolongation of the placement for a year. But if the parents do not colla-borate with the social worker, if they do not identify their problems and ways to sober and if they do not respect the decisions, the Court wants to be seized in revision immediately.

FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and development of the children X and Y are still in danger; [ 13 ] ORDERS the placement of X and Y in a foster family chosen by the Director of Youth Protection for a period of one year; [ 14 ] ORDERS the Director of Youth Protection to establish and to supervise the contacts between the children and the parents (modalities, frequency and degree of supervision); [ 15 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for a period of one year; [ 16 ] ORDERS the parents to take an active

part in the social follow-up, meeting the social worker regularly and being collaborative; [ 17 ] ORDERS the mother to seek help for her alcohol and personal issues; [ 18 ] ORDERS the police to collaborate to the execution of this enactment; [ 19 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q. Me Aubrée Coutanson Attorney for the applicant Me Angela Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 13, 2016