2019 QCCQ 11524, 2019 QCCQ 11524

Protection de la jeunesse — 192324 2019 QCCQ 11524 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000172-165; 614-41-000171-167 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2006 614-41-000172-165 and Y, born on [...], 2011 614-41-000171-167 children and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , C.Q.L.R., c. P-34.1) ______________________________________________________________________ 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 submits motions asking to review and extend a previous Court decision rendered by the Honourable judge Denyse Leduc on November 2, 2017, ordering the placement of the children in a foster home for a period of one year. [ 2 ] Mtre Yan Massé represents the interest of the two children, Mtre Michel Grenier represents the mother and Mtre Marie-Josée Ayoub represents the father.

Mtre Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The father still resides in [community A]. He has visited the children throughout the year. Both parents are able to communicate well regarding the best interest of their children. The mother is still working at a mine site on a 14 days in-14 days out schedule. During the last Court order, the mother visited her children regularly. Both children are eager to be back with her. [ 4 ] The mother admits drinking occasionally but states that she does not drink in the presence of the children during visitation rights.

The children state that she drank a few times that they are aware of. [ 5 ] The father intends to work with the NNADAP worker of his community. [ 6 ] The Director of Youth Protection seeks an extension of the placement for a period of six months with a reintegration with either parent if and when the situation allows to do it. [ 7 ] Both parents agree with this recommendation. [ 8 ] It will give time to the father to work with the NNADAP worker and improve his situation. [ 9 ] As for the mother, she must consolidate the improvements she has made during the last year.

She also has to prepare the return or the children to her care. As she is on a 14-14-day schedule, she must verify with the [school A] if boarding homes could be available for her children. FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the motions;

[ 11 ] DECLARES that the security and development of X and Y are still endangered; [ 12 ] ORDERS the placement of the children in a foster family for a period of six months with a reintegration with either parent when and if the situation allows it; [ 13 ] ORDERS that the parents provide proper supervision to the children at all times during visitation rights; [ 14 ] ORDERS the parent to be and remain sober when in the presence of the children; [ 15 ] ORDERS the parents not to put the children in the presence of people under the influence of intoxicating substances; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and their family for a period of ten months; [ 17 ] ORDERS the parents to seek help with a professional (psychologist or therapist) and to follow the recommendation of the said professional; [ 18 ] AUTHORIZES any service providers working with the family to share information with the Director of Youth Protection and his representatives; [ 19 ] ORDERS any peace officer to collaborate to the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre Yan Massé Centre communautaire juridique A Lawyer for the children Mtre Michel Grenier Lawyer for the mother Mtre Marie-Josée Ayoub Ayoub avocats Inc. Lawyer for the father Date of hearing: January 10, 2019