2020 QCCQ 10694, 2020 QCCQ 10694

Protection de la jeunesse — 206984 2020 QCCQ 10694 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000562-209; 614-41-000563-207 DATE: June 15, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of […] Health and Social Services […], working in Town A.

APPLICANT and X, born on […], 2005 and Y, born on […], 2009 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 38 and 91 of the Youth Protection Act CQLR 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 a motion asking the Court to declare that the security and the development of X, 15 years old, and Y, 11 years old, are endangered pursuant to

section 38 b) 2° (serious risk of neglect) of the Youth Protection Act . [ 2 ] The motion is neither challenged by the parents nor by the children. From the admissions made by the parties and the content of the reports filed, the Court has preponderant evidence about the following facts : • On March 9, 2020, the situation of the children was reported to the Director of Youth Protection with regard that both parents were intoxicated while the children were there with them. • The emergency worker went to the family’s place.

The rental housing employees were present and boarding up the house. • The mother was sitting inside a police vehicle, intoxicated. • The father was not there as he left before the arrival of the emergency worker to go to the clinic. • At that time, the children were inside the house and were preparing their belongings in order to leave. • The floor was very dirty and the furniture was all over the place. • The parents agreed to a provisional agreement from March 9 to April 8, 2020, and the children were entrusted to foster families. • On April 8, 2020, immediate protective measures were applied and the children continued their placement in foster families. • The placement of the children was a wake-up call for the parents and since March, they did not drink any alcohol. • The parents agree to receive help in order to resolve their issues. [ 3 ] The Director of Youth Protection changed his recommendations given the fact that the parents improved their situation a lot and is of the opinion that both children can be entrusted to their parents. [ 4 ] CONSIDERING the consent of all parties to the measures recommended; FOR THESE MOTIVES, THE COURT:

[ 5 ] GRANTS the applications; [ 6 ] DECLARES that the security and development of the children X and Y are endangered pursuant to

section 38 b) 2° of the Youth Protection Act ; [ 7 ] ENTRUSTS the children to the care of their parents; [ 8 ] ORDERS the parents to be and remain sober when in presence of the children; [ 9 ] RECOMMENDS the parents to engage in services to address addiction and personal issues; [ 10 ] ORDERS that X and Y attend school on a regular basis when the 2020-21 school year begins; [ 11 ] AUTHORIZES unannounced visits at the family home; [ 12 ] ORDERS that aid, counselling and assistance be provided to the children and the parents for a period of 12 months; [ 13 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection of […] Health and Social Services […] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A Attorney for the children Mrs. A Mother – not represented Mr. B Father – not represented Date of hearing: June 15, 2020