2014 QCCQ 14226, 2014 QCCQ 14226

Protection de la jeunesse — 142320 2014 QCCQ 14226 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001240-099 640-41-001246-096 640-41-001247-094 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in city A APPLICANT and X Y Z residing and domiciled in city A, Québec, district B CHILDREN and A, residing and domiciled in city A, Québec, district B MOTHER and B, residing and domiciled in city A, Québec, district B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant is addressing the Court, asking for a review of the decisions rendered previously in the situation of X, born on […], 2003, Y, born on […], 2003, and Z, born on […], 2000. [ 2 ] At the time, the security and development of Mrs A and Mr B's three children were declared as being endangered. X and Z were entrusted to a foster family. As for Y, he was confided to a rehabilitation center. [ 3 ] At the hearing, the children are present and represented.

As for the parents, despite having been informed of the hearing and having received copies of the motions, they did not present themselves or appoint a lawyer. The case therefore proceeds without their presence. [ 4 ] This is what the evidence reveals. [ 5 ] Even though they reside in the same community of city C, the parents are no longer in a common law union. [ 6 ] Each one of them is struggling with serious personal issues.

As a result, they are not in a position where they can assume the supervision and care of their children. [ 7 ] As for the mother, she has an excessive alcohol consumption problem and she is unable of maintaining a decent level of sobriety.

In addition, she has a tendency of loosing control and becoming violent towards her children when she is under pressure. [ 8 ] In conclusion, she appears vulnerable and incapable of dealing with adolescents who confront her and test her limits. [ 9 ] Unfortunately, the father is in no better position of taking care of the three children, suffering from a brain injury that affects his temper. Because of this, his tolerance is very low and he has unpredictable outbursts that scare the children.

As a result, he cannot take care of them on a regular basis. [ 10 ] Fortunately, as they all live in the same community of city A, it is easy to organize contacts between the parents and children and the frequency does not have to be restrained.

[ 11 ] Unfortunately, In these circumstances, there is no other choice but to entrust the three children to a foster family who will be able to take care of them, while we see if situation is likely to evolves positively. If that should not be the case, a long-term life plan should undeniably be considered. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the motions; [ 13 ] REVISES the decisions rendered previously; [ 14 ] DECLARES that the security and development of X, Y and Z, born respectively on […] and […], 2003 and […], 2000, are still in danger accordingly to

Section 38 of the Youth Protection Act; [ 15 ] ENTRUSTS the three children to a foster family for a period of six months; [ 16 ] ORDERS that the contacts between the children and their parents be monitored by the Youth Protection; [ 17 ] ORDERS that the parents be sober during the contacts with their children; [ 18 ] ORDERS that the director see that the children, their parents and the foster families receive aid, counselling and assistance for a period of six months; [ 19 ] ORDERS that Y and his mother follow a therapy provided by the professionals of IVAC; [ 20 ] ORDERS that the parents take and active

part in the application of the measures; [ 21 ] ORDERS to any peace officer to collaborate in the execution of the present order; [ 22 ] ENTRUSTS the situation of the three children to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q. M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the children Date of hearing: April 24, 2014