2017 QCCQ 8508, 2017 QCCQ 8508

Protection de la jeunesse — 173404 2017 QCCQ 8508 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos. 640-41-002044-169 640-41-002045-166 640-41-002046-164 640-41-002047-162 DATE: January 30, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2013 Y, born on [...], 2003 Z, born on [...], 2008 A, born on [...], 2006 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and B, residing and domiciled in City A, District A Mother and C, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT ( sections 95(1) and 75 , Youth Protection Act, CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of 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 (D.Y.P.) submitted to the Court a motion to review the decision rendered on September 14, 2016, in the situation of the children X, born on [...], 2013, Y, born on [...], 2003, Z, born on [...], 2008, and A, born on [...], 2006. [ 2 ] The D.Y.P. recommended that the children be entrusted to their maternal grandmother for a period of six months. [ 3 ] The parents agreed with the recommendations submitted by the D.Y.P. [ 4 ] The evidence revealed the following facts. [ 5 ] On October 4, 2016, a verification was done at the parents’ residence following a call to the emergency line reporting that the parents were intoxicated.

The father was sleeping and the mother had been slightly drinking. She was able to care for the children and it was decided that they remain with the mother. [ 6 ] On October 17, 2016, the father physically abused his oldest daughter Y.

The mother refused to cooperate with the police and the father was arrested. [ 7 ] On October 18, 2016, the child confirmed that her father was drunk and threw a boot at her, hitting her in the head. [ 8 ] The last judgment rendered by the Honourable Lucille Beauchemin J.C.Q. on September 14, 2016, declared that the security and the development of the children were in danger because the parents failed to provide them with the appropriate supervision or support and because they were victims of psychological ill-treatment by them. [ 9 ] The Court ordered the following measures for each of the children GRANTS the motion;

DECLARES that the security and the development of the child are in danger because his parents failed to provide him with the appropriate supervision or support and because she is a victim of psychological ill-treatment by her parents; ORDERS that the child be maintained with her parents until March 31, 2017; ORDERS that the parents be sober and without any violent behaviour when in the presence of their child; STRONGLY RECOMMENDS that the parents seek help through the social services concerning their alcohol and personal issues; ORDERS that the services of an external educator be put in place as soon as possible; ORDERS that the parents fully cooperate with the Director of Youth Protection and take an active

part in the application of the measures ordered by the Court; ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until March 31, 2017; ORDERS that the follow-up put in place by the Director of Youth Protection be strict for the duration of the Court order; ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out. ANALYSIS [ 10 ] The parents admit the facts and agree to receive help for the well-being of the family.

The father receives follow-up in regards to conjugal violence and anger management issues at social services. [ 11 ] Both parents have regular meetings with the D.Y.P. educator to improve their communication and parenting strategies. They cooperate well with the educator. [ 12 ] Contact between the children and their parents is regular. The children have lunch at home every day. The grandmother, Ms.

D, ensures the safety of the children and accepts contact only when the parents are sober. [ 13 ] According to the revision report, when there is a complete absence of alcohol consumption, both parents demonstrate good parental capacities. [ 14 ] The family has a recurring history of conjugal violence and substance abuse. The parents are involved with social services but both need time to work on their personal and conjugal issues as well as their consumption problems. [ 15 ] The children need a stable and nurturing environment without violence or use of violence.

The grandmother, D, can ensure that stability and support the parents. She gives them the possibility to be in regular contact with the children in a safe environment.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] REVIEWS the decision rendered on September 14, 2016; [ 18 ] DECLARES that the security or development of X, born on [...], 2013, Y, born on [...], 2003, Z, born on [...], 2008, and A, born on [...], 2006, is still in danger; [ 19 ] ORDERS that the children be entrusted to their maternal grandmother for a period of six months, with a possible reintegration if the situation allows; [ 20 ] ORDERS that the children’s parents actively cooperate with the social worker designated by the Director of Youth Protection; [ 21 ] ORDERS that the parents remain sober in the presence of the children; [ 22 ] RECOMMENDS that the parents maintain their follow-up with the youth protection educator; [ 23 ] ORDERS that the parents not behave violently in the presence of the children; [ 24 ] RECOMMENDS that the parents seek help for their personal issues; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 26 ] ORDERS the police to cooperate in the execution of this judgment; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of this judgment; [ 28 ] THE WHOLE until May 25, 2017.

__________________________________ RENÉE LEMOINE J.C.Q. Mtre. Kimon Kling Attorney for the children Mtre. Aubree Coutanson Attorney for the applicant Mtre. Marianne Léonard Attorney for the mother Mtre. Angèle Tommasel Attorney for the father Date of hearing: November 30, 2016