2017 QCCQ 17336, 2017 QCCQ 17336

Protection de la jeunesse — 177827 2017 QCCQ 17336 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N°: 650-41-002729-172 DATE: October 4, 2017 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.C.Q. In the case of: X Respondent child and [Social Worker 1] Person authorized by the Director of Youth Protection Petitioner and A Respondent mother and B Respondent father JUDGMENT 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 Court hereby confirms and motivates in writing the decision rendered on the bench on October 4, 2017, on an Application for review and extension of the measures regarding X (19 months old). [ 2 ] On March 29, 2017, The Court of Québec, Youth division, declared that the security or the development of the child was in danger and entrusted the child to C for a period of six months, and X, his sister, to her mother during her stay at the Therapy Center A for the duration of this measure.

The Court ordered that the contacts between the parents and the child be supervised by a third person chosen by the Director of Youth Protection as long as deemed necessary, and that the parents stay sober in presence of the child. [ 3 ] Since the last order, the child has been entrusted to Mrs. C where her needs are being met. [ 4 ] Once during that order, Mrs. C met the parents at the restaurant when they were drunk. [ 5 ] They constantly argue.

There has been a criminal charge filed against the parents and they will appear in court this fall. [ 6 ] The mother went to therapy in Gaspésie for a period of six weeks. [ 7 ] The father didn’t do anything to put an end to his difficulties, still dealing with his addiction problems. [ 8 ] The contacts between the parents and the child take place in the presence of the maternal grandmother. [ 9 ] The parents have problems respecting their visits and are missing out on many of them. [ 10 ] The parents have many difficulties to meet their children’s basic needs because of their addiction problems. [ 11 ] The parents’ house is not appropriate to welcome their child because it is a party house. [ 12 ] The parents have been in a relationship for seven years, which has been unstable at times.

The family lives in a home in the

community A. Both parents are on welfare. Both are dealing with many difficulties. Both parents still drink alcohol. [ 13 ] The maternal and paternal grandparents have always participated in the care of A-B, which make the contacts between the mother and son easier. The situation is more difficult when it comes to X. In fact, the situation between Mrs. C and the parents is conflictual. [ 14 ] The parents’ personal involvement has barely evolved despite their desire to undergo therapy. [ 15 ] However, in August 2017, the mother went to Mawiomi to work on her drinking problem.

Therapy lasts 6 weeks and the mother is still there and should be coming back shortly. [ 16 ] The father hasn’t improved his situation and his life still revolves around alcohol. [ 17 ] The child is evolving well in her family. [ 18 ] The foster family says that they are attached to X, although aware of the difficult situation with her immediate family.

Despite this difficulty, the family still wants to remain involved. [ 19 ] The Court concludes that the child’s security and development remain in danger because of the serious risks of neglect due to the parents’ addiction problems. [ 20 ] The application, to which the parties consent, is in the best interest of the child, and thus should be granted. FOR THESES REASONS, THE COURT: GRANTS the present petition; REVIEWS and EXTENDS the last order; DECLARES that the security and the development of the children remain in danger; ORDERS that the child be entrusted to Mrs.

C for a period of six months; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for the same period; ORDERS that the contacts between the child and her parent’s be supervised by a third person chosen by the Youth Protection Director; ORDERS the parents to be sober in the presence of their child; ALLOWS the professionals working with the parents to exchange information on their situation; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ LOUISE GALLANT, J.C.Q.

M e Lyne Monger Attorney for the Youth Protection M e Chantal Gaudreau Attorney for the child M e Marie-Josée Bernier Attorney for the mother Date of hearing: October 4 th , 2017