2016 QCCQ 6566, 2016 QCCQ 6566

Protection de la jeunesse — 162736 2016 QCCQ 6566 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000694-163 635-41-000695-160 635-41-000696-168 635-41-000697-166 635-41-000698-164 635-41-000699-162 DATE: May 3 rd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2013 Y, born on [...] 2001 Z, born on [...] 2004 A, born on [...] 2009 B, born on [...] 2011 C, born on [...] 2013 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and D, residing and domiciled in Town A, Quebec, district A Mother and E , residing and domiciled in Town A , Quebec, district A 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, Z, A, B and C are in danger. [ 2 ] The parents are Ms D and Mr E. [ 3 ] The six children are aged between two and fifteen.

[ 4 ] Z and Y had met with their lawyer but were not present in the Courtroom when the enquiry took place.

Mtre De Gagné represented all of the children. [ 5 ] The parents were present and assisted by a lawyer. [ 6 ] The parents admitted only a few of the alleged facts but agreed that the measures proposed by the Director be ordered. [ 7 ] The children’s lawyer tells the Court that Z, aged eight, states that her parents consume alcohol and that it worries her. [ 8 ] Y told his lawyer that he needed to take care of his young siblings when his parents had taken alcohol. [ 9 ] Y also hangs around at his older brother’s house where pot parties often take place. [ 10 ] The parents had agreed to sign voluntary measures in September 2014 and in July 2015 recognizing that the children’s needs were neglected, that the educational methods were unreasonable and that there were conjugal violence in the children’s presence. [ 11 ] The voluntary agreement was renewed in July 2015. [ 12 ] These voluntary measures were not sufficient to make the parents realize that they must address their personal issues and offer a better structure and response to their children’s needs. [ 13 ] Mr E is a hard working man.

He and his wife have raised ten children. He wants to keep the control of his household and doesn’t allow his wife to discuss their issues with the social worker. [ 14 ] He wants his children out of the circle of youth protection services but he must realize that the Director has not other choice but to intervene when the security and development of his children are in danger. [ 15 ] He is an intelligent man who wants the best for his children.

He must realize that some of his life habits can put his children at risk where their needs are not rightly fulfilled. [ 16 ] The children need to have a stable environment to refer to. They need parents who do not abuse alcohol to the point where they cannot supervise their children. They need parents not arguing or fighting together in front of them. They need parents who encourage them to go to school and supervise their schooling tasks.

FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the children, X, Y, Z, A, B and C are in danger; [ 19 ] ORDERS that the children remain with the parents; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation of compromission; [ 21 ] ORDERS that the children and the parents take an active

part in the application of the measures; [ 22 ] ORDERS that the children and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 23 ] ORDERS that the parents refrain from consuming alcohol and drugs in the presence of the children; [ 24 ] ORDERS that the parents refrain from using any form of violence towards the children; [ 25 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and drug related problems; [ 26 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits in the family household; [ 27 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 28 ] ORDERS the police to collaborate to the execution of the enactment; [ 29 ] ENTRUSTS the situation of the children, X, Y, Z, A, B and C, to the Director of Youth Protection for the execution of the measures; [ 30 ] THE WHOLE until March 30 th 2017. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant

Mtre Marie-Claude De Gagné, Attorney for the children Mtre Nicolas Welt, Attorney for the parents