2019 QCCQ 12345, 2019 QCCQ 12345

Protection de la jeunesse — 192872 2019 QCCQ 12345 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 635-41-000934-197; 635-41-000935-194; 635-41-000936-192 DATE: March 1, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2011 Y, born on [...], 2007 [...], born on [...], 2003 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allowing 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 applied to the Court to have the security and development of X, born on [...], 2011, Y, born on [...], 2007, and [...], born on [...], 2003, declared to be in danger pursuant to ss. 38 ( b ) (2) and (

c) of the Youth Protection Act . [1] [ 2 ] At the hearing, the children were present and assisted by counsel. X waited outside the courtroom.

The parents were also present and assisted by counsel. [ 3 ] The following facts were admitted or proved. [ 4 ] The parents display alcohol consumption and conjugal violence issues. [ 5 ] The mother has mental health issues and a history of suicide attempts. [ 6 ] On several occasions, the police had to intervene with the parents, notably when they were intoxicated. [ 7 ] The parents have not sought help for their personal issues. [ 8 ] The youth Z revealed that he regularly has suicidal ideations. [ 9 ] The father’s cooperation with Youth Protection is regular, but that of the mother is unstable. [ 10 ] The parents and the children agree that the security and development of the children are in danger.

They also agree with the measures proposed by the applicant. FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications; [ 12 ] DECLARES that the security and development of X, born on [...], 2011, Y, born on [...], 2007, and [...], born on [...], 2003, are in danger pursuant to ss. 38 ( b ) (2) and (

c) of the Youth Protection Act . [2]

[ 13 ] ORDERS that the children remain with the parents; [ 14 ] ORDERS the children and the children’s parents to take an active

part in the application of any measures ordered by the Court; [ 15 ] ORDERS the children’s 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 situation in which the security or development of the children is in danger; [ 16 ] ORDERS the children and the children’s parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 17 ] ORDERS the parents to remain sober in the presence of the children; [ 18 ] ORDERS the parents to refrain from any violent behaviour in the presence of the children; [ 19 ] RECOMMENDS that the parents seek help through Social Services for their personal issues; [ 20 ] RECOMMENDS that the mother follow the professional’s recommendations (medications, CLSC follow-up); [ 21 ] RECOMMENDS that the mother attend a treatment centre for her alcohol issue; [ 22 ] AUTHORIZES the Director of Youth Protection to make unannounced visits to the family home a maximum of four (4) times a month; [ 23 ] AUTHORIZES the Director of Youth Protection to have access to the level of attendance and participation of the parents with the CLSC follow-up; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL JANUARY 31, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l.0 Counsel for the applicant Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the children Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the parents Date of hearing: March 1, 2019