2019 QCCQ 11525, 2019 QCCQ 11525
Opinion
Protection de la jeunesse — 192323 2019 QCCQ 11525 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000250-177; 614-41-000251-175; 614-41-000249-179 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 [...], 2012 Y, born on [...], 2014 Z, born on [...], 2017 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (
Section 95 , Youth Protection Act , RLRQ, 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 three applications to review the situation of the children.
Their security and development have been declared endangered on September 6, 2017, and the children were then entrusted to a foster family for five months. [ 2 ] Both parents are present and agree with the motions presented by the Director of Youth Protection. [ 3 ] The revision reports are filed as evidence.
The parents admit all of the allegations of the petition which are: - The children were reintegrated into the mother’s care; - The father attended treatment and returned to the community on February 14, 2018; - The father maintained his sobriety for some time, but then he resumed drinking; - The mother stated that the father does not drink as much as before; - The mother admits to drinking, but not much as before; - When the parents want to drink, they have a babysitter for the children; - The parents made gains, but they need the support of youth protection to maintain said gains. [ 4 ] The father admits that he needs help, especially for grieving, and he is willing to attend a program to deal with this issue. [ 5 ] The situation of the parents has improved a lot since last year and they must be proud of their achievement.
They still need help to maintain their new lifestyle. [ 6 ] The lawyer representing the children is of the opinion that the measures recommended by the Director of Youth Protection are in the best interest of his young clients and respect their rights.
FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the motions; [ 8 ] REVIEWS AND EXTENDS the previous Court decisions; [ 9 ] DECLARES that the security and the development of X, Y and Z are still in danger; [ 10 ] ENTRUSTS the children to their mother; [ 11 ] ORDERS that the father take steps in order to attend a program to deal with grieving and to follow the recommendations of the professional; [ 12 ] ORDERS that the mother be assessed regarding her alcohol intake and follow the recommendations of the professional; [ 13 ] ORDERS the parents to be and remain sober when in presence of the children; [ 14 ] ORDERS the parents not to put the children in presence of people under the influence of intoxicating substances; [ 15 ] ORDERS the parents to ensure that the children aren’t exposed to any domestic violence; [ 16 ] AUTHORIZES any professional providing services to the family to share information with the Director of Youth Protection; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the family for a period of nine months; [ 18 ] ENTRUSTS the situation of the three children to the Director of Youth Protection A for the execution of the Court orders.
Signed in Town A on February 19, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magalena Lempicka Ferreira Lempicka Attorneys Counsel for the applicant Mtre Yan Massé Centre communautaire juridique A Counsel for the children Mtre Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the mother Mtre Michel Grenier Counsel for the father Date of hearing: January 10, 2019
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