2016 QCCQ 13139, 2016 QCCQ 13139

Protection de la jeunesse — 165746 2016 QCCQ 13139 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos. 614-41-000086-167, 614-41-000087-165, 614-41-000088-163 and 614-41-000089-161 DATE: August 16, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2006 Y, born on [...], 2008 Z, born on [...], 2010 A, born on [...], 2012 [SOCIAL WORKER 1] AND [SOCIAL WORKER 2], in their capacity as person authorized by the Director of Youth Protection A, working in Town A; Petitioner And B, residing and domiciled in Town A, Quebec, district A; Mother And C, residing and domiciled in Town A, Quebec, district A; Father ______________________________________________________________________ JUDGMENT (sections 38 and 91, Youth Protection Act , 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 YPA). [ 1 ] [Social Worker 1] and [Social Worker 2], delegates of the Director of Youth Protection A, are submitting four motions to declare that the security and development of X, 10 years old, Y, 8 years old, Z, 6 years old, and A, 4 years old, are in danger with regard to sections 38 (b) (1) of the Youth Protection Act. [ 2 ] At the hearing, the parents were absent, Mtre. Michel Grenier represented the mother, the father was not represented. The children were represented by Mtre.

Constantin Kiryakidis and Mtre. Gabriel Gaudreault represented the petitioner. [ 3 ] The evidence regarding the children’s endangerment related to neglect and risk of neglect is constituted of admissions made by the mother and the testimonies of the social worker. The parents have a longstanding history of drugs and alcohol use.

The mother has consumed cocaine during her pregnancy with the child A. [ 4 ] The evidence shows that the parents are separated, that the mother is the main caregiver of the children, that she has alcohol consumption issues and that she is sometimes overwhelmed by taking care of the children. The mother was evicted because of the many party happening in the house. The house is now close down and not accessible to anyone until the rental board take a decision. [ 5 ] The mother frequently uses the members of her family as babysitters in order to go out of the home, for varying periods of time, and abuse substances.

The mother does not realize at all that her lifestyle and her substance abuse have a serious impact on the children and endanger their security and development. [ 6 ] On many occasions, the children were left alone for undetermined duration. [ 7 ] Moreover, the mother has collaborated with the Director of Youth Protection and effectue présentement une demarche thérapeuthique pour ses problèmes de consommation. [ 8 ] The father is minimally involved with the care of the children. The father’s issues with alcohol and drug consumption remain unresolved, as he continues to use at the present time.

[ 9 ] The children need to be in a safe and stable environment until the mother demonstrates her capacity to remain sober and assume her role toward her children. [ 10 ] After declaring the security and development of these children in danger, the Court proceeded with a heating on applicable measures. [ 11 ] The orientation report was filed as evidence. [ 12 ] Considering the children's needs, [ 13 ] Considering the mother agreement with the measures, FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motions; [ 15 ] DECLARES the security or development of X, Y, Z and A in danger; [ 16 ] ORDERS that the children be entrusted in a foster care for a period of one year with a possible reintegration with the mother if the situation allows it; [ 17 ] ORDERS that the contacts between the parents and the children be encouraged; [ 18 ] ORDERS that the contacts between the children and their parents be supervised by the DYP regarding the frequency, the modalities and the supervision; [ 19 ] ORDERS that the contacts between the children occur minimally two (2) times per week; [ 20 ] ORDERS that the parents be sober at all times in the presence of the children; [ 21 ] RECOMMENDS that the parents seek professional and specialist treatment for their drug and alcohol addiction; [ 22 ] RECOMMENDS that the parents seek psychological services for their personal issues; [ 23 ] ORDERS that aid, counsel and assistance be provided to the children and the family for a period of one year; [ 24 ] ENTRUSTS the situation of the children to the DYP who shall then see that the measures are carried out. __________________________________ DENISE DESCÔTEAUX J.C.Q.

Mtre. Gabriel Gaudreault DYP for the [Social Services A] Attorney for the petitioner Mtre. Constantin Kiryakidis Centre communautaire juridique A Attorney for the children Mtre. Michel Grenier Gaudreault Grenier, avocats Attorney for the mother C, father Not represented Date of hearing: August 4, 2016