2019 QCCQ 18427, 2019 QCCQ 18427

Protection de la jeunesse — 197685 2019 QCCQ 18427 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division Nos: 614-41-000230-179; 614-41-000351-181 DATE: August 29, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] ET [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on […], 2016 Y, born on […], 2018 Children and A Mother and B Father of X ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (

Section 95 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits 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 for the Cree Board of Health and Social Services A (the Director) asks the Court to review the decisions rendered on October 11, 2018, by the undersigned, in the situation of Y, 18 months old, and X, 2 ½ years old and recommends their placement in foster family for one year. [ 2 ] At the hearing, the parents are present and assisted.

Mtre Antoine Meunier represents the children and Mtre Magdalena Lempicka assists the applicant. [ 3 ] Many admissions are done by the parents and they agree with the placement of their children in foster family as long as they remain in the foster family of the maternal grandparents. [ 4 ] The parents consume alcohol and they do not take good care of the children. [ 5 ] On May 5, 2019, the parents were drinking and the children were at the home of two different babysitters, one with the maternal grandmother and the other with a family friend.

The parents were still drinking on May 6 and they did not go to the daycare to pick-up the children at the end of the day. As the babysitters could not continue to care of them, immediate protective measures were invoked and the children were entrusted to foster parents. The children were placed in the foster home of the maternal grandparents. [ 6 ] The parents were met later on May 7.

They had no idea where the children were and they did not know that they were placed. [ 7 ] The parents admitted that they had been drinking to the point of intoxication as and they had been at least on three different occasions during the past month. [ 8 ] On March 30, the police and an emergency worker intervened at home because the mother was drunk and aggressive. She had an argument with the father.

The police escorted the mother out of the home. [ 9 ] On April 28, an emergency worker met the mother at home while she was drinking in the kitchen. [ 10 ] On May 1, the emergency worker had to intervene again because the mother was out drinking. He wanted the children be placed for three days.

[ 11 ] The parents still have issues with alcohol and neglect their children needs. They are ready to seek for services in their community, but they do not want to attend treatment, fearing to lose their respective job. [ 12 ] The community worker identifies all the available services they might attend in the community, such as NNADAP worker, CLSC, workshops. The parents agree to meet with the responsibles of these services and to collaborate. [ 13 ] The parents have an important decision to make. They have serious issues and they need professional services.

Because of the children neglect, the Director is involved in their life. The children are entitled to grow in a secure, safe and caring environment, having attentive parents or adults to meet their needs. If the parents want to fulfill their obligations towards them, they must collaborate and change their way of life.

Otherwise the Director will have to offer them stability, because the children are young and vulnerable. [ 14 ] Considering the evidence and the agreement of the parents; FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the applications; [ 16 ] DECLARES that the security and development of Y and X are still in danger; [ 17 ] ORDERS the placement of Y and X in the foster family of C and D for one year, with progressive reintegration with the parents after six months, if the situation allows it; [ 18 ] ORDERS the parents to meet the NNADAP worker regularly and to attend treatment for their alcohol issues, if it is required by the professional; [ 19 ] RECOMMENDS that the parents to meet the CLSC worker for their personal and marital issues; [ 20 ] ORDERS the parents to attend workshops to develop their parental capacities; [ 21 ] ORDERS a person working for an institution or body provide aid, counsel and assistance to the parents and the children for one year; [ 22 ] ORDERS the parents to collaborate actively with the Director to respect the plan of intervention that will be offer to them and to authorise the Director to have information from the professionals providing them services; [ 23 ] ORDERS the Director to supervise the contacts between the children and the parents as for the frequency, duration and presence of a third party, if required; [ 24 ] ORDERS the police to cooperate in the execution of this judgment; [ 25 ] ENTRUSTS the situation of the children to the Director, who shall then see that the measures are carried out.

Signed in Town A, on October 4, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Mtre Magdalena Lempicka Counsel for the applicant Mtre Antoine Meunier Centre communautaire juridique A Counsel for the children Mtre Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the mother Mtre Michel Grenier Counsel for the father of X Date of hearing: August 29, 2019