2014 QCCQ 14257, 2014 QCCQ 14257

Protection de la jeunesse — 145713 2014 QCCQ 14257 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001766-143 640-41-001767-141 640-41-001768-149 640-41-001769-147 640-41-001770-145 DATE: November 24, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 Y , born on [...], 2006 Z , born on [...], 2009 A , born on [...], 2011 B , born on [...], 2013 [Social Worker 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, working in Town A, district A (Quebec) […] Applicant and C , residing and domiciled in Town A, district A (Quebec) […] Mother and D , residing and domiciled in Town A, district A (Quebec) […] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant asks the Court to review a decision rendered on May 27, 2014. On that date justice Leduc entrusted the children to their father for a period of five months.

Other orders were issued for a period of nine months. [ 2 ] If the Court concludes that the children's safety is still endangered pursuant to the law the applicant recommends a placement in a foster home for a period of nine months with a reintegration after three months with the mother or the father if the situation allows it. [ 3 ] The parents are present and represented by their lawyer. They acknowledge that their children's safety is still endangered pursuant to the law. They agree with the applicant's recommendations.

They both admit many allegations of the petition. [ 4 ] All children are represented by their lawyer. X and Y are present. They acknowledge that their safety is still endangered pursuant to the law. They agree with the applicant's recommendations. [ 5 ] The Court considers the following facts as proven by preponderant evidence. The Facts [ 6 ] On May 27, 2014 justice Leduc entrusted the children to the father. The children were neglected by their mother.

The father was not fully involved in his children's life. [ 7 ] On July 28, 2014 the Director of Youth Protection was informed that some empty beer cans were left in the father's house porch. There was also information that the house smelt bad (like dirty pampers). [ 8 ] On August 21, 2014 the Director of Youth Protection was informed that the father was possibly drinking at his place. [ 9 ] When the Youth Protection worker went to the father's place the child B came up from the stairs.

The father was sleeping in the basement and was intoxicated. [ 10 ] All the children were removed from the father and placed under immediate protective measures.

[ 11 ] On September 5, 2014 the Director of Youth Protection was informed again that the father was possibly drinking at his place. [ 12 ] In the morning the Youth Protection worker arrived at the father's place. A babysitter was there with two young children. There were empty beer cans and bottles in the house. The father was sleeping in the basement. [ 13 ] The worker was informed that when the babysitter arrived the father was still drinking outside on the balcony with other people.

The children were unattended. [ 14 ] On May 27, 2014 the Court ordered the parents to remain sober when the children are present and not let any adult consumes in front of them. [ 15 ] The children were placed under immediate protective measures. [ 16 ] On September 10, 2014 the Court entrusted them to a foster family until today. [ 17 ] The three oldest children X, Y and Z have been living with the paternal grandparents since September 9, 2014. They enjoy living with their grandparents.

They going very well ant attend school full time. [ 18 ] The two youngest boys A and B were placed in a foster home in Town A then in Town B (September 25, 2014) because the foster family had to leave the community. When the foster family will be back it wants to foster the children back into it care. [ 19 ] The oldest children are fully aware about their parents' addiction with alcohol. They agree to go back with their parents only if they solve their addiction. [ 20 ] On September 16, 2014 the father met with the [Program A] worker and filled out the necessary forms for [Centre A] in Town C.

It is a six weeks program. The father is confirmed for the next intake. [ 21 ] The father has a house. The house is in a process of renovation. It should last three months. [ 22 ] The mother lives with her sister in Town A. She moved back to that community the weekend of September 20, 2014 in order to facilitate the contacts with her children. Her job has been transferred to Town A. She now works at the [Company A] in Town A. [ 23 ] The mother is on a waiting list for a house. [ 24 ] She is pregnant. She wants to attend a treatment program in Town D.

Decision [ 25 ] The parties agree with the applicant's recommendations. They acknowledge that the security or development of all the children is still compromised. [ 26 ] Considering the evidence, the Court concludes that the children's security or development is still compromised pursuant to the law. [ 27 ] The Court concludes that the applicant's recommendations concerning the measures are reasonable, appropriate and in the children's best interest.

For these reasons the Court: [ 28 ] Grants the motion; [ 29 ] Maintains that the security or development of X, born on [...], 2004, Y, born on [...], 2006, Z, born on [...], 2009, A, born on [...], 2011 and B, born on [...], 2013 is still endangered according to the law; [ 30 ] Orders the placement of X, Y and Z in a foster home to wit their paternal grandmother E for a period of nine months with a possible reintegration after three months with the mother or the father if the situation allows it; [ 31 ] Orders the placement of A and B in a foster home to wit F, who is a member of the family, for a period of nine months with a possible reintegration after three months with the mother or the father if the situation allows it; [ 32 ] Orders the following measures for a period of 12 months; [ 33 ] Orders the mother to have an assessment with a psychologist as soon as possible and to have a follow-up if judged necessary by that professional; [ 34 ] Orders the father to continue his follow-up with his psychologist as long as needed; [ 35 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the children and the parents; [ 36 ] Orders that the contacts between the children and the parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the length; [ 37 ] Orders that the parents remain sober in the presence of the children; [ 38 ] Orders the parents to attend a detoxification treatment as soon as possible and to complete it;

[ 39 ] Recommends the parents to have a follow-up with [Program A] worker if needed; [ 40 ] Orders the parents to collaborate with the Director of Youth Protection in the execution of this judgment; [ 41 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 42 ] Entrusts the situation of the children to the Director of Youth Protection A who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Suzanne Arpin, attorney for the Director of Youth Protection Me Jean-Francis Bonnette, attorney for the children Me Myriam Gaudreault, attorney for the mother Me Clara Lafrance Egervari, attorney for the father Date of hearing: October 16, 2014