2019 QCCQ 17805, 2019 QCCQ 17805

Protection de la jeunesse — 196176 2019 QCCQ 17805 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] Youth Division No: 614-41-000083-164 DATE: July 25, 2019 (May 29, 2019) ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2013 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant v.

B , residing and domiciled in […] Mother And C , residing and domiciled in […] Father ______________________________________________________________________ RECTIFIED JUDGMENT (sections 95 (1 and 2) and 75 of the Youth Protection Act ) ______________________________________________________________________ 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 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) submits four applications to the Court for the review of the decisions rendered on February 22, 2018, concerning the situation of Y, Z, A and X. [ 2 ] He recommends to entrust Y to her grandmother until the end of the school year followed by a reintegration with her mother, and that the three other children remain with their mother with various measures, including the follow-up with the social services for one year. [ 3 ] The mother is present at the hearing and assisted by Me Michel Grenier.

The father of the three youngest children is absent, being detained, but he is represented by Me Marie-Josée Ayoub. Me Antoine Meunier represents the children and Me Magdalena Lempika, the applicant. [ 4 ] The mother agrees with the measures proposed and admits most of the allegations. Me Ayoub declares that the father disagrees with the measures.

For the children, Me Meunier admits the allegations and agrees with the measures recommended. [ 5 ] Since the last judgment, the children remained in the foster family of their maternal grandmother where they behave well. [ 6 ] Last October, the mother attended the [Organism A] and completed the substance abuse program of six weeks. She maintains her sobriety since the end of the therapy on November 9, 2018. She stays in the community and stabilized her situation.

The reintegration of her children started on December 14, 2018. [ 7 ] Because she was having a high-risk pregnancy, the mother had to leave the community in February and she delivered in [...]. Since May 3rd, the children returned to their mother’s care full-time, except for Y. The children are doing well and thëy do not display any problems. The mother lives with her father who supports her. [ 8 ] The oldest child, Y, remains with her grandmother. She wants to be entrusted to her until the end of the school year. She will visit her mother and siblings regularly.

She appreciates the well-being felt in this environment. [ 9 ] Concerning the father of the three youngest, his situation seems to remain similar to the one previously described in the last judgment. He did not contact the social worker nor ask for visits with the children. The social worker recently learned that he was detained. Considering his Personal issues, he cannot assume the children and cannot provide for them. [ 10 ] On the other hand, the mother’s situation has evolved positively. She no longer uses drugs and alcohol.

She recognizes that she needs services for her Personal issues and benefits from services. She offers a good collaboration with the social worker; she is transparent and honest. She cares about the well-being of her children. Consequently, the social worker recommends that the three youngest ones remain with the mother.

[ 11 ] This latter intends to stay with her father, in his home, during the next year. His presence and support are an additional security for the children. It facilitates the therapeutic steps of the mother. [ 12 ] Even if the maximum duration of the placement is reached, the reintegration of the children with the mother seems possible and feasible with supportive measures. [ 13 ] Considering the evidence; [ 14 ] Considering the agreement of the mother and the children; FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motions; [ 16 ] DECLARES that the security and development of Y, Z, A and X is still in danger in accordance with

section 38 Y.P.A.; [ 17 ] ORDERS that Y be entrusted to her maternal grandmother, Mrs D, until the end of the school year 2019; [ 18 ] MAINTAINS Z, A and X with their mother at the condition they all reside at their grandfather’s house; [ 19 ] ORDERS that the Director supervise the contacts between the children and the father with regard to the terms and degree of supervision; [ 20 ] RECOMMENDS that the parents seek help for their personal and drinking issues; [ 21 ] ORDERS that the father and the mother remain sober in the presence of their children; [ 22 ] ORDERS that the Director provide aid, counsel and assistance to the children and the parents for a period of one year; [ 23 ] ORDERS that the parents collaborate actively with the Director; [ 24 ] ENTRUSTS the situation of the four children to the Director who shall then see that the measure is carried out. __________________________________ DENYSE LEDUC, J.C.Q.

M e Antoine Meunier Attorney for the children M e Magdalena Lempika Attorney for the applicant M e Michel Grenier Attorney for the mother M e Marie-Josée Ayoub Attorney for the father Date of hearing: May 21, 2019