2018 QCCQ 15635, 2018 QCCQ 15635
Opinion
Protection de la jeunesse — 186435 2018 QCCQ 15635 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division N os .: 635-41-000855-186, 635-41-000856-184 and 635-41-000857-182 DATE: September 17, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 Y, born on [...], 2012 Z, born on [...], 2016 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and MRS A, residing and domiciled at [...] Mother and MR B, residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 (par. 1) Y.P.A., 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 A submits to the Court three applications for revision and/or extension of the judgment rendered on March 29, 2018 by the Honourable Judge Jean Gravel, J.C.Q. for the children X, Y and Z. [ 2 ] The applicant, Mrs [social worker 1], asks now for the children’s placement in foster families until June 7, 2019. [ 3 ] At the hearing, the mother is present, represented by Me Cassandra Neptune.
Me Marianne Léonard represents the children and Me Geneviève Apollon the applicant. The father, even if duly served, is absent, being detained in Town A. [ 4 ] With the admissions made by the mother, the six occurrence reports and the revision reports filed, the Court has sufficient evidence to declare that the security and development of those three children issued from the union of Mrs A and Mr B are still in danger. [ 5 ] The evidence reveals the following facts. [ 6 ] The parents are still displaying alcohol consumption issues and have a violent relationship.
They did not complete their steps to attend treatment for alcohol and personal issues. [ 7 ] On June 1, 2018, the police was called at the parents’ place. The mother was arrested and detained until the next Monday. She assaulted the father. When the youth protection worker arrived at the home, the father was under the influence of alcohol. The children were under the supervision of two adults intoxicated. The house appeared dirty and there were empty cans of beer on the floor.
The children were half dress and dirty. [ 8 ] Considering the evidence, the collaboration of the mother and her motivation to attend treatment, THE COURT: [ 9 ] GRANTS the motion;
[ 10 ] DECLARES that the security and development of X, Y and Z are still in danger; [ 11 ] ORDERS the placement of X, Y and Z in foster family, chosen by the institute operating a child and youth protection centre until June 7, 2019, with possible reintegration with the parent who will collaborate and respect the judgment; [ 12 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the parents as for the modalities, the frequency and the degree of supervision; [ 13 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents until June 7, 2019; [ 14 ] ORDERS the Director of Youth Protection to provide the services of an external educator to the children for the duration of the present judgment; [ 15 ] ORDERS the parents to seek help concerning their alcohol consumption and personal issues; [ 16 ] ORDERS to the parents to collaborate with the Director of Youth Protection; [ 17 ] ORDERS the police to collaborate in the execution of the present judgment; [ 18 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.
Me Geneviève Apollon Attorney for the applicant Me Cassandra Neptune Attorney for the mother Me Marianne Léonard Attorney for the children Date of hearing: July 26, 2018
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