2019 QCCQ 15153, 2019 QCCQ 15153

Protection de la jeunesse — 1911743 2019 QCCQ 15153 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002343-199 640-41-002344-197 640-41-002345-194 DATE : October 7, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born [...], 2016 Y Born on [...], 2015 Z Born on [...], 2010 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. 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 liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 7, 2019. [ 2 ] The Court is seized of applications presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for neglect in terms of supervision for the three children, for risk of physical abuse on the part of the mother for Y and Z and for physical abuse on the part of the mother for X (section 38 b) 1 iii,

c) and e) 2 and 1), of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the DYP asks the Court to entrust the children to a foster family, as well as other measures to improve the situation. Question in litigation [ 4 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? Context and Analysis [ 5 ] The proof reveals that DYP is involved with the family since 2017, for alcohol consumption and violence. The parents recognised their issues by signing voluntary measures.

[ 6 ] They took steps to improve their situation, but on May 11, mother was intoxicated and she assaulted her daughter X, in the presence of her two other children. [ 7 ] Mother was arrested and pleaded guilty. [ 8 ] The parents should work on their alcohol consumption and violence, while the children are placed. Mother recognize her situation and expressed her regrets, but she does not think that she could be a danger for her children. [ 9 ] The family have a long history of neglect, consumption and violence. [ 10 ] The chronicity and the seriousness of this situation have to stop.

Parents have a strong safety nest, but they should be able to take care of their children. [ 11 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the children are compromised as follows: X 38 e) 1 et 38b) iii, Z and Y 38 e) 2) and 38 b)1 iii) of the Youth Protection Act ; [ 14 ] ORDERS that the children be entrusted in a foster family, chosen by the institution operating a child and Youth Protection Centre, for a maximum period of six (6) months, with a possibility of reintegration when the situation allows it; [ 15 ] ORDERS the parents to report periodically to the Director on the measures they apply in their own regard or in their children’s regard to put an end to the compromission; [ 16 ] ORDERS the parents take an active

part in the application of any of the measures ordered today; [ 17 ] STRONGLY RECOMMENDS the parents to cooperate fully with the Director of Youth Protection; [ 18 ] ORDERS that the parents report in person, at regular intervals, to the director to inform her to inform her of the current situation, especially regarding the housing situation ; [ 19 ] ORDERS that the contacts between the children and the parents be determined by the DYP as for the modalities, duration, and degree of supervision at least three (3) times a week; [ 20 ] RECOMMENDS that the parents seek help through the Social Services concerning their personal issues; [ 21 ] ORDERS that the parents or any adult remain sober and refrain from any violent behaviour in the presence of the children; [ 22 ] ORDERS the DYP to make sure that the parents are in contact with Y’s paediatrician as soon as possible to follow up on his health issues; [ 23 ] AUTHORIZES the Director to access the information regarding the parent’s presence at their appointments and their level of involvement in the services provided; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 25 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall then see that the measures are carried out. [ 26 ] ORDERS the execution of the present decision by any peace officer.

THE WHOLE except for the placement, until October 7 th , 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Eliane Villemur Counsel for the children

Mtre Laurence Migué Counsel for the parents