2019 QCCQ 17806, 2019 QCCQ 17806

Protection de la jeunesse — 196177 2019 QCCQ 17806 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000221-178 614-41-000237-174 614-41-000238-172 614-41-000239-170 DATE: May 22, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and X, born on […], 2001 Y, born on […], 2008 Z, born on […], 2005 A, born on […], 2003 Children and B, residing and domiciled in […] Mother and C, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 95 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) submits to the Court four motions in revision of the judgment rendered on July 23, 2018, in the situation of the four children X, Y, Z et A.

He asks that the children remain entrusted to the mother to the conditions that she receives support from CLSC regarding her parental capacities, that she continues to receive and participate in therapy and that both parents collaborate with the social worker. [ 2 ] The parents are present at the hearing assisted by Me Marie-Josée Ayoub and Me Michel Grenier. Me Antoine Meunier represents the children and Me Magdalena Lempicka, the petitioner. [ 3 ] Admissions are made by the parties and they are in agreement with the Director’s plan.

A revision report is files and the social worker testifies. [ 4 ] The evidence reveals the following facts: − During a recent visit to the home, the social worker saw that the home was messy and there was a strong odour. There were dirty pans on the floor and dirty dishes on the counters. Cabinet doors were missing. The bathroom’s door was broken. The balcony door was boarded, living only one exit in the home. − The mother works full-time and is overwhelmed at times. − The mother admitted to drinking on occasions when she is out of town. − The father’s situation remains the same.

He lives with his parents and is often out of the community for work. He didn’t meet the [Organism A] worker, alledging he has no time to do so.

[ 5 ] It is quite obvious for the social worker that the mother needs to delegate chores to the children and to organise the family routine because actually she is overwhelmed. [ 6 ] Now the mother tries to make sure the children attend school regularly. Y has problems but he is followed by a psycho- educator. Y, A and Z have improved a lot their school attendance but they need constant supervision for their motivation and their homework. [ 7 ] X is in a program work oriented training [Organism B]. He works at the store and did well.

He might graduate from the program if he goes back to work and gets enough hours. [ 8 ] The mother and the children meet the therapist, Mr. D, in City A regularly. The father is not involved in this therapy. He does not assume any of his parental responsibilities. [ 9 ] The mother needs to develop parental capacities to be in position to provide a safe, secure and healthy environment to the children. [ 10 ] The parties agree with the recommendations. To achieve all those skills in a delay of six months, a detailed plan of intervention should be prepared by the Director with delays.

Otherwise, the situation will remain very fragile.

Today, the parents declare that they are ready and motivated to seek for all the services needed. [ 11 ] Considering the agreement of all the parties; [ 12 ] Considering that the parents accept to beneficiate of the services needed; FOR THOSE MOTIVES, THE COURT: [ 13 ] GRANTS the motions; [ 14 ] DECLARES that the security and development of X, Y, Z and A are still in danger; [ 15 ] MAINTAINS the children with the mother; [ 16 ] ORDERS the Director to provide aid, counsel and assistance to the parents and X until his majority and for Y, Z and A for a period of six months; [ 17 ] ORDERS the mother and the children to continue their therapy with Mr.

D; [ 18 ] ORDERS the mother to attend workshop and meet with the social services to develop her parental capacities; [ 19 ] ORDERS the father to meet a [Organism A] worker for his alcohol issues; [ 20 ] ORDERS the mother to take immediate steps to clean and maintain her house; [ 21 ] ORDERS the children to attend school regularly; [ 22 ] ORDERS the parties to collaborate actively with the social worker and to follow her recommendations; [ 23 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed in City B on June 11, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the children Me Magdalena Lempicka Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father

Date of hearing: May 22, 2019