2016 QCCQ 9812, 2016 QCCQ 9812

Protection de la jeunesse — 164235 2016 QCCQ 9812 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001868-147 640-41-001869-145 640-41-001870-143 DATE: September 21, 2016 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X , born on […], 2007 Y , born on […], 2007 Z , born […], 2010 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of youth protection of the A C.Y.P.C., working in City A, District A Applicant and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT RECTIFIED (

section 95 of the Youth Protection Act , R.S.Q. 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.).

JL2340 [ 1 ] The Court is seized with motions to review the decision rendered by Judge Rollande Matte, J.C.Q., on September 17 th , 2015, concerning X, born on […], 2007, Y, born on […], 2007 and Z, born on […], 2010. The applicant, Mrs [Social Worker 1], asks for the prolongation of the children’s placement in foster families for seven months with reintegration with the father and some follow-ups. [ 2 ] At the hearing, the father is present with his lawyer, Me Angela Tommasel.

Me Nicolas Welt represents the children and Me Donald Bourget the applicant. [ 3 ] Following the amendment to the measures proposed concerning the duration of the placement, the father admits all the allegations and agrees with the measures. Me Welt, who met with X and Y, informs the Court that they agree with the measures. [ 4 ] Lately, in the last two weeks, the father reduces his alcohol consumption. Before he was consuming regularly and he was refusing to seek for help at social services concerning his alcohol issue.

He had regular contacts with the children but did not always respect the calendar of contacts and he left them alone without proper supervision. [ 5 ] Last May 2, 2016, during a sleepover of the children, the father and his older daughter A consumed alcohol in their presence. Even if there was another sober adult in the premises, he was not allowed to consume in their presence. [ 6 ] Last January 6, 2016, the children witnessed a severe scene of conjugal violence between A, their sister, and her partner when

they were both intoxicated. [ 7 ] The father just started few weeks ago to fully collaborate and to seek help for his issues. Now he is ready to collaborate with the social worker. The counselling and guidance offered to insure his children’s safety and their well being. [ 8 ] The father agrees with the recommendations and accepts to have unannounced visits when the children are at home.

CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the motions; [ 10 ] DECLARES that the security and development of X, born on […], 2007, Y, born on […], 2007 and Z, born on […], 2010, are still endangered; [ 11 ] ORDERS that the children be entrusted in a foster family until December 23, 2016; [ 12 ] ; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counsel and assistance to the children and their father for one year; [ 14 ] ORDERS the father to participate actively with the measures ordered by the Tribunal; [ 15 ] ORDERS the father to remain sober in presence of the children; [ 16 ] RECOMMENDS the father to seek help through social services and/or A.A. meetings concerning his alcohol issue; [ 17 ] ALLOWS the Director of Youth Protection to conduct unannounced visits in the family household when the children are present; [ 18 ] ORDERS the Director of Youth Protection to supervise the visits and access of the father with the children as for frequency, duration and the presence of a third person if required; [ 19 ] ORDERS the police to cooperate in the execution of this order; [ 20 ] ENTRUSTS the situation of the children to the Director of Youth Protection of A C.Y.P.C. for the purpose of executing the measures ordered by the Court. __________________________________ Denyse Leduc, J.C.Q.

Me Nicolas Welt Attorney for the children Me Donald Bourget For the applicant Me Angela Tommasel For the father Date of hearing: May 24, 2016