2018 QCCQ 14862, 2018 QCCQ 14862

Protection de la jeunesse — 185444 2018 QCCQ 14862 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000708-161 635-41-000709-169 635-41-000710-167 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 Y, born on […], 2003 Z, born on […], 2004 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , unknown address in Town A Mother and Z A , detained at the Etablissement de detention A […] Father ______________________________________________________________________ JUDGMENT (sections 95(1) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for 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 (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection asks the Court to review the decision rendered on March 29, 2018, concerning the children Z, Y and X. [ 2 ] The last Court decisions keep the children with the father, with the services of an external educator and the support and assistance of the Director of Youth Protection for the family during one year. [ 3 ] Less than one month later, on April 11, 2018, the father was highly intoxicated and threatened to stab himself and the children. [ 4 ] The father was very aggressive and told Z to kill himself or he would kill him.

According to the police occurrence report, the father pulled his hair and punched him several times on the head. [ 5 ] He also assaulted his daughter Y by pushing her in the face. [ 6 ] He was arrested and has been detained since that date. [ 7 ] On April 12, 2018, the mother decided to leave for Town A. She has an unstable living situation. [ 8 ] The evidence shows that the parent’s situation is recurrent. They struggle with substance abuse issues and an unresolved history of violence from the father.

The mother’s current lifestyle is incompatible with caring for the children. [ 9 ] Both parents have serious issues to address and they are not in a position to provide a secure and stable environment for their children. [ 10 ] The Director of Youth Protection has a long-standing history with the parents. The children cannot wait any longerto have stable living conditions. [ 11 ] The six-months placement period will be used to assess and prepare a life plan for the children. FOR THESE REASONS, THE COURT:

[ 12 ] GRANTS the applications; [ 13 ] DECLARES that the security and development of the children X, born on […], 2000, Y, born on […], 2003, and Z, born on […], 2004, continue to be in danger; [ 14 ] ORDERS that the children be entrusted to a foster family to be chosen by the institution operating a child and youth protection center; [ 15 ] ORDERS that the children, the children’s parents and the foster families take an active

part in the application of any of the measures ordered by the Tribunal; [ 16 ] ORDERS that the children, the children’s parents and the foster family report in person, at regular intervals, to the Director to inform him of the current situation; [ 17 ] ORDERS that the children attend school on a regular basis; [ 18 ] ORDERS that the children and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 19 ] ORDERS that the parents remain sober in the presence of the children; [ 20 ] ORDERS that the parents refrain from all violent behaviour in the presence of the children; [ 21 ] RECOMMENDS that the mother seek help with the services available in her environment for her personal substance abuse issues; [ 22 ] RECOMMENDS that the father seek help through the services offered in his environment for his personal issues such as anger management issues and substance abuse issues; [ 23 ] ORDERS that contact between the children and the parents be determined by the Director with respect to the terms, frequency and degree of supervision; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children, the children’s parents and the foster family; [ 25 ] ORDERS that the children not come into contact with Mr.

C; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 27 ] ORDERS the police to collaborate to the execution of the order; [ 28 ] THE WHOLE until November 30, 2018, for Y and Z; [ 29 ] THE WHOLE until December 30, 2018, for X. __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Marianne Léonard Attorney for the child Mtre Geneviève Apollon Attorney for the applicant Date of hearing: May 25, 2018