2016 QCCQ 19994, 2016 QCCQ 19994

Protection de la jeunesse — 1610564 2016 QCCQ 19994 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Child Division No: 635-41-000552-148 635-41-000553-146 635-41-000554-144 635-41-000595-147 DATE: December 19, 2016 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 Y, born on [...], 2006 Z, born on [...], 2008 A, born on [...], 2014 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and C, residing and domiciled in City A, district A Mother and D, residing and domiciled in City A, district A Father JUDGMENT (sections 95 (par.1) and 75 of the Youth Protection Act ) ______________________________________________________________________ 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 ] After the filing of motions asking the Court to review the situation of X, born on [...], 2001, Y, born on [...], 2006, Z, born on [...], 2008 and A, born on [...], 2014, according to

section 95 of the Youth Protection Act , the parties submitted to this Court a draft agreement on measures to put an end to the situation that compromises the security and development of the children. [ 2 ] The children were represented by a lawyer. [ 3 ] The consent of the parties for the draft agreement was given in a free and enlightened manner. The validity of the consent was confirmed at the hearing.

They acknowledge the facts that endanger the security and development of the children and the draft detailed these facts : 2.1 The child X is doing well and is attending school regularly; 2.2 The child Y was going to school regularly but has not been for the last past two weeks; 2.3 The child Z is going to school regularly and only misses school when she has a medical appointment in Montreal; 2.4 The child B ( sic ) is not attending daycare but is developing normally; 2.5 On March 20, 2016, the father called the police because the mother was intoxicated and was “acting crazy” while in presence of the children; 2.6 On April 19, 2016, drugs and alcohol were found in the father’s luggage at the airport; 2.7 The police intervened on multiple occasions at the parent’s house because of alcohol issues;

2.8 There are reports of conjugal violence between the parents; 2.9 The father seems to want to mobilized himself; 2.10 The parents have both recognized having problems with alcohol and wanting to get help for it; 2.11 The collaboration of the parents with Youth Protection is irregular; [ 4 ] In order to put an end to the situation of danger for the children’s security or development, the parties agree on the following measures: 3.1 That the children be entrusted to the father; 3.2 That the children’s parents report periodically to the director on the measures they apply in their own regards or in their children’s regard in order to put an end to the situation in which the security or development of the children are in danger; 3.3 That the children’s parents take an active

part in the application of any of the measures ordered by the tribunal; 3.4 That the children attend school or another place of learning or participates in a program geared to developing skills and autonomy; 3.5 That the parents refrain from consuming alcohol in the presence of the children; 3.6 That the parents ensure that there is an adequate babysitter present to care for the children if they choose to consume alcohol; 3.7 That the parents refrain from all forms of aggression or violence in the presence of the children; 3.8 That the parents seek help through the Social Services concerning their alcohol consumption and domestic violence issues; 3.9 That a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; 3.10 That the police collaborate in the execution of this enactment; [ 5 ] The Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and interest of the children. [ 6 ] FOR THESE REASONS, THE COURT : [ 7 ] GRANTS the motions; [ 8 ] DÉCLARES that the security and development of X, born on [...], 2001, Y, born on [...], 2006, Z, born on [...], 2008 and A, born on [...], 2014 are still in danger; [ 9 ] ENDORSTS the draft agreement and ORDERS to the parties to conform to it; [ 10 ] ENTRUSTS the children to their father; [ 11 ] ORDERS that the children’s parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in their children’s regard in order to put an end to the situation in which the security or development of the children are in danger; [ 12 ] ORDERS that the children’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 13 ] ORDERS that the children attend school or another place of learning or participates in a program geared to developing skills and autonomy; [ 14 ] ORDERS that the parents refrain from consuming alcohol in the presence of the children; [ 15 ] ORDERS that the parents ensure that there is an adequate babysitter present to care for the children if they choose to consume alcohol; [ 16 ] ORDERS that the parents refrain from all forms of aggression or violence in the presence of the children; [ 17 ] ORDERS that the parents seek help through the Social Services concerning their alcohol consumption and domestic violence issues; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 19 ] ORDERS that the police collaborate in the execution of this enactment; [ 20 ] ENTRUSTS the children's situation to the Director of Youth Protection for the execution of the judgment.

[ 21 ] THE WHOLE until August 18, 2017. __________________________________ RENÉE LEMOINE, J.C.Q. Me Kimon Kling Attorney for the children Me Geneviève Apollon Attorney for the applicant Me Marianne Leonard Attorney for the parents Date of hearing: December 1, 2016