2015 QCCQ 11221, 2015 QCCQ 11221

Protection de la jeunesse — 151944 2015 QCCQ 11221 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000488-129 635-41-000518-131 635-41-000577-145 635-41-000487-121 DATE: March 17 th 2015 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […] 2011 Y, born on […] 2013 Z, born on […] 2014 A, born on […] 2010 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in City A Applicant and B , residing and domiciled in City B , Quebec, district A Mother C , residing and domiciled in City A , Quebec, district A Father AMENDED JUDGMENT* ( Sections 95(1) and 75 , Youth Protection Act , R.S.Q. c.

P-34.1) ______________________________________________________________________ * 2015-08-26 Judgment amended to correct the date of birth of X to read […] 2011 instead of […] 2011. 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 asks the Court to review the decisions made on July 9 th 2014 concerning the children, X, Y, Z and A. [ 2 ] The four children were entrusted to foster families according to the last Court decisions. [ 3 ] The Court proceeded by consent of both parents on March 16 th 2015. [ 4 ] Both parents were represented by their lawyers.

They admitted some of the allegations presented by the Director and agreed with the conclusions for the measures to be applied. [ 5 ] The father did not stay in the courthouse after seeing his lawyer. He had something else to do rather than to present himself at the audience. [ 6 ] The mother was present and seemed concerned about her children’s situation. [ 7 ] The mother’s lifestyle has not changed for the last months.

[ 8 ] She says she is sober but she still needs to demonstrate that it is so. She said the contrary to the psychologist she saw last September. [ 9 ] The mother announces today that she is ready to go for treatment. The social worker told us it is the first time she hears about it. [ 10 ] The mother was very adequate with her children when she had her last visit with them. [ 11 ] The mother needs to take control of her life if she wants to have her children back with her and to exercise her parental role. [ 12 ] The children are very young.

Z is […] months old, X is 3, A is 4 and Y is […] months old. [ 13 ] They all need the presence of an adult who can respond to their needs on a full time basis. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the children, X, Y, Z and A, are still in danger; [ 16 ] REVISES and EXTENDS the decision or order rendered on July 8 th 2014; [ 17 ] ORDERS that the children be entrusted to a confidential foster family, chosen by the institution operating a child and youth protection centre; [ 18 ] ORDERS that the parents take an active

part in the application of any of the measures ordered; [ 19 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the children receive specific healthcare and health services required for their health, notably physiotherapy for Z and follow-up with a paediatrician for Y; [ 21 ] ORDERS that the parents remain sober in the presence of the children; [ 22 ] RECOMMENDS that the parents seek help through [center A] concerning their dynamic domestic violence, anger management and alcohol and drug issues; [ 23 ] ORDERS that the contacts between the children and their parents be upon agreement between the parties as to the modalities, the frequency and the degree of supervision; [ 24 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and their family; [ 25 ] ORDERS the police to collaborate to the execution of the enactment; [ 26 ] ENTRUSTS the situation of the children, X, Y, Z and A, to the Director of Youth Protection for the execution of the measures; [ 27 ] THE WHOLE until June 17 th 2015 for Z and Y and until September 30 th 2015 for A and X. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Stéphanie Lachance, Attorney for the applicant Mtre Yan Massé, Attorney for the children Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father