2012 QCCQ 17076, 2012 QCCQ 17076

Protection de la jeunesse — 12212 2012 QCCQ 17076 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001358-115 640-41-001359-113 DATE: January 31, 2012 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant -and- X AND Y, residing and domiciled in Town A, province of Québec, district A Children -and A, residing and domiciled in Town A, province of Québec, district A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized of two petitions aiming to review a decision rendered on March 29, 2011 in the situation of X, born on […], 2002, and Y, born on […], 2009.

At that date, the judge declared that the security and the development of the children was endangered, entrusted them to a foster family for a period of six months with progressive reintegration in the last two months, if the situation allowed it, and ordered different measures to help this family for one year. The applicant is requesting to prolong the placement for a period of 10 months. [ 2 ] The mother is present and represented. She agrees with the recommendation, stating that the children are well in their foster families.

The children are represented; X agrees with the recommendation, stating that he is well in his foster home, but that he would like to have more occasions to see his brother Y. [ 3 ] The mother is living with her boyfriend and says that her children cannot live where they are presently living. After the judgment of March 2011, she did not take any steps to get in touch with the applicant or to go to social services. She continued to drink and smoke marijuana on a daily basis. She did not involve herself in any kind of help. A calendar to visit her boys was given to her, but she missed some visits.

Last July, she gave birth to a new baby. [ 4 ] In August 2011, she started attending her appointments, but still missed some. When talking about her sons, she does not seem to know what she wants for them. She continues to drink at least once a month and has stopped taking drugs lately. [ 5 ] The applicant states that there are some improvements since she is with her boyfriend B, but still she does not seem to understand the seriousness of the situation.

She was explained that time is running out for Y, considering his age, and that a life project will have to be established soon. [ 6 ] Considering the admissions, the testimonies and the reports filed, the Court considers that the recommendation of prolonging the placement is in the best interest of the children. THEREFORE, THE COURT: GRANTS the petitions; MAINTAINS that the security and the development of X, born on […], 2002, and Y, born on […], 2009, are still compromised in

accordance with the Youth Protection Act; REVISES the decision rendered on March 29, 2011; ENTRUSTS both children to foster care for a period of 10 months with progressive reintegration, if the situation allows it; ORDERS that the director of Youth Protection supervise the contacts between the children and their mother, in terms of frequency and modalities; ORDERS that the contacts between both children be more frequent; ORDERS that the mother report periodically to the director on the measures she applies to herself to improve her parental situation; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and to their mother; FIXES the duration of all the measures of help at one year; ORDERS any peace officer to collaborate in the execution of this enactment if requested; ENTRUSTS the children's situation to the director who shall see that the measures are carried out. __________________________________ Marc E.

Grimard, J.C.Q. M e Robert-André Adam Counsel for the applicant M e Sarah Plamondon Counsel for the mother M e Yan Massé Counsel for the children Date of hearing: December 13, 2011