2011 QCCQ 18679, 2011 QCCQ 18679

Protection de la jeunesse — 117603 2011 QCCQ 18679 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos: 640-41-001345-104 640-41-001344-107 640-41-001343-109 DATE: DECEMBER 21, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILDREN : X Born on […], 2010 Y Born on […], 2009 Z Born on […], 2001 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A, working city A Applicant and A Mother and B Father of X ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The applicant comes before the Court to ask for the review of a decision rendered on June 20, 2011 by Honorable Lise Gagnon, J.C.Q. [ 2 ] At the hearing, all the parties are represented by counsel and only the children are not physically present. [ 3 ] Basically, the Director of Youth Protection is demanding the placement in a foster family of Y and X for a period of three months and Z for twelve months. [ 4 ] The parties generally consent to the measures sought.

However, the children’s lawyer is asking for some adjustments on the length, as will be explained in more detail later on. [ 5 ] From the admissions and the evidence heard, the Court notes the following. [ 6 ] For a long period of time now, the mother of the three children has been going through serious difficulties with alcohol.

Her lack of control over drinking has had a major debilitating effect on her ability to take proper care of her children. [ 7 ] Regularly, the problem degenerated to the point where she came many times in trouble with the law and, consequently, she was sometimes incarcerated. [ 8 ] Fully aware of the problem, Ms. A made several attempts at taking a hold of her life, finding a job and controlling her drinking. [ 9 ] She succeeded on a few occasions to regain employment and remain sober, but only for short periods of time before relapsing.

[ 10 ] This is the very situation that, last February, led the undersigned and, more recently, Madam C to order the placement of the children in a foster family for a few months in the hope that the mother would settle for good the problem that is affecting her. [ 11 ] As it did not appear possible, it is time now, as requested by the applicant, to contemplate an alternate solution for the children’s well-being. [ 12 ] The situation is more difficult for Z who, at ten years old, has a strong bond with his mother. [ 13 ] It would not be advisable then, at least at this time, to make long-term plans for him, and so a twelve-month placement is suggested. [ 14 ] Regarding his two younger sisters, everyone agrees that we have reached the point where a life plan must be set up for them to be entrusted to the care of a third party on a long-term basis. [ 15 ] Let us mention that, concerning the child X , the father does not seem to be part of the solution as he has not been involved in her life up to now. [ 16 ] The Director of Youth Protection is asking the Court to grant three months to set up such a plan, but the children’s lawyer considers that it would be too long as the situation has not positively changed in any ways, for a long time. [ 17 ] Perhaps he is right, but practically speaking a few more months will not make a significant difference for the children. [ 18 ] However, there is no doubt that, unless a major change in the situation occurs, it is reasonable to think that the next Court intervention will be aimed at setting up a long-term life plan in the best interest of the concerned children. [ 19 ] FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the motions; [ 21 ] REVIEWS the decision rendered on June 20, 2011, by the Honourable Lise Gagnon, J.C.Q.; [ 22 ] DECLARES that the security and development of the children continue to be endangered; [ 23 ] ORDERS the foster care of Z for a period of twelve months with earlier reintegration with his mother if the situation allows; [ 24 ] ORDERS the foster care of X and Y for a period of three months starting November 9, 2011; [ 25 ] ORDERS that a psychological assessment of Z be performed as soon as possible; [ 26 ] ORDERS that Z receive all the help and psychological services he may need; [ 27 ] AUTHORIZES the Director of Youth Protection, in the best interest of the children, to give all the authorizations and sign all the documents necessary for any relevant matters, including medical, school and travel documents; [ 28 ] ORDERS that the contacts between the mother and the children be supervised by the Director of Youth Protection as to the terms and conditions; [ 29 ] ORDERS that aid, counsel and assistance be provided to the children and mother; [ 30 ] ENTRUSTS the situation of X , Y and Z to the Director of Youth Protection for the execution of this judgment; [ 31 ] ORDERS the police to collaborate in the execution of this order. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Jean-Claude Latraverse Centre communautaire juridique A. Lawyers for the children Me Stéphane Lachance Cain Lamarre Casgrain Wells Lawyers for the applicant Me Angèle Tommasel Lawyer for the mother Me Michel Solomon Lawyer for the father of X Date of hearing: November 9, 2011