2016 QCCQ 10989, 2016 QCCQ 10989

Protection de la jeunesse — 164803 2016 QCCQ 10989 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT [...] TOWN [...] Youth Division Nos.: 640-41-001876-140, 640-41-001877-148 and 640-41-001878-146 DATE: August 22, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2003 Y, born on […], 2003 Z, born on […], 1999 MRS [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, unknown address in Town B, Quebec, District B Mother and MR B, presently at Waseskun Healing Center in St-Alphonse de Rodriguez, Quebec, District of Joliette Father of X and Y and MR C, residing and domiciled in Town C, C, region C Biological father of Z ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 YPA, RSQ 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 YPA). [ 1 ] The Director of Youth Protection of the A C.Y.P.C. asks the Court to review the decision rendered on May 20, 2015 by Honourable Jean Gravel, J.C.Q., concerning the situations of Z, 17 years old, Y, 13 years old, and X, 13 years old.

Mrs [social worker], delegate duly authorized by the Director of Youth Protection, asks for the extension of their placement : 9 months for Z, 12 months for Y and X. [ 2 ] The father and the mother are absent at the hearing. The father is serving a sentence in Waseskun and is represented by Me Marie-Claude De Gagné. The mother was served by public notice. The children are present and assisted by Me Cassandra Neptune.

Me Aubrée Coutanson assists the applicant. [ 3 ] The children admit most of the alleged facts and agree with the recommendations. [ 4 ] The father admits most of the alleged facts and agrees with the proposed measures, having no real alternative by now. [ 5 ] It is proved that since the last judgment, the situation of the mother remain the same. She lives in Town B, is unreachable and does not have any direct contact with her children. [ 6 ] The father has been detained most of the year. He is in Waseskun since a month and plans to leave in November and be back in Town A.

He phones his children regularly. [ 7 ] The parents have many personal issues including sexual deviance. The father is now in therapy but it is impossible for now to evaluate if the children could be reintegrated with him. All his parental capacities will have to be evaluated after his release from Waseskun. [ 8 ] Concerning Z's situation, she was ordered to live with her father in Town C at the last Court hearing. But in January, she decided to stay in Town A, and since, she displays behavioural problems such as consuming alcohol and drugs. She lives with her maternal aunt, Mrs D.

The biological father was sorry that his daughter decided not to come back but accepts the situation and trusts the maternal aunt. Now, the youth is working at the daycare and she has the intention to go back in school in August. [ 9 ] Since March 2015, Y and X are living with their aunt, Mrs E, and they are doing well. A report for sexual abuse arrived on

May 24, 2016, and since, Y is living with another aunt, Mrs F.

Her brother X was also transferred. [ 10 ] The social worker cannot informed the Court of the reasons for fixing such duration of the placement nor the reasons why the children changed of foster family without the consent of the Director of Youth Protection. [ 11 ] It is surprising to realize that the Director of Youth Protection was not aware of those changes that occurred in the life of Z, Y and X, whose situations were entrusted to the Director of Youth Protection. [ 12 ] Also, as there are no motive for the determination of the duration of their placement, and as the oldest Z will turn 18 in next July, the Court orders the extension of the three placements for 11 months.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] DECLARES that the security and development of X and Y and Z are still in danger; [ 15 ] ORDERS the placement of X and Y and Z in foster families for a period of 11 months; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for a period of 11 months; [ 17 ] ORDERS the Director of Youth Protection to provide Z of the services of an external educator; [ 18 ] ORDERS the children to attend school regularly and to respect the rules of the foster families; [ 19 ] RECOMMENDS that the Commission des droits de la personne et des droits de la jeunesse investigate the situations; [ 20 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the parents including the biological father of Z (frequency, duration and third person if needed); [ 21 ] ORDERS the police to collaborate to the execution of this enactment; [ 22 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicant Me Marie-Claude De Gagné Attorney for the father Me Cassandra Neptune Attorney for the children Date of hearing: July 11, 2016