2020 QCCQ 7292, 2020 QCCQ 7292

Protection de la jeunesse — 206123 2020 QCCQ 7292 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-001050-209 635-41-001051-207 635-41-001052-205 DATE: August 24 th 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2008 Y, born on [...] 2017 Z, born on [...] 2011 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. 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 that the security and development of the children, X, Y and Z, are in danger. [ 2 ] The Court proceeds in the absence of the children and their parents on August 24 th 2020. [ 3 ] The father is represented by a lawyer. [ 4 ] The Director has made at least 11 attempts to inform the parents of the proceeding and the moment when the Court would be ready to listen to them. [ 5 ] The mother refused to come at the last minute today.

The father finally decided to talk to his lawyer. [ 6 ] The father admits some of the allegations and accepts the proposed measures. [ 7 ] X is 12 years old, Z is 8 and Y is 3. [ 8 ] This family has been followed by the Director under voluntary agreement since August 2018. [ 9 ] The mother completed the “Portage” program in 2018. She continued the follow-up program of “Portage” afterwards.

[ 10 ] She relapsed in April 2020. [ 11 ] Both parents were found intoxicated on July 1 st 2020. [ 12 ] The father also has alcohol abuse issues. He says that he tried to contact the Director unsuccessfully. He says that he gets some help from his extended family. [ 13 ] The father admits that verbal arguments occur between him and the mother once a month. [ 14 ] The verbal violence occurs in front of the children. [ 15 ] The children are affected by their parents’ incapacity to take care of them when they are strongly intoxicated. Y is only three years old and very vulnerable.

The parents were proposed to find alternative care from their family to take over the children when they plan to consume alcohol. [ 16 ] The parents did not respond to that proposition on July 1 st 2020. [ 17 ] Z sometimes fears his father when he is intoxicated. [ 18 ] The children’s security and development are in danger under

Section 38 b) 2) of the Youth Protection Act . FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the children, X, Y and Z, are in danger; [ 21 ] ORDERS that the children be maintained with the parents; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation of compromission; [ 23 ] ORDERS that the parents take an active

part in the application of the measures; [ 24 ] ORDERS that the parents remain sober in the presence of the children; [ 25 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate concerning their personal and relationship issues; [ 26 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate concerning their substance abuse and anger management; [ 27 ] ORDERS that the police collaborate to the execution of the enactment; [ 28 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 29 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 30 ] THE WHOLE until March 31 st 2021. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Genevieve Appolon, Attorney for the applicant Mtre David Boudreau, Attorney for the children