2019 QCCQ 11535, 2019 QCCQ 11535

Protection de la jeunesse — 192326 2019 QCCQ 11535 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000388-183; 614-41-000389-181; 614-41-000390-189 DATE: January 10, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2006 614-41-000388-183 Y, born on [...], 2010 614-41-000389-181 Z, born on [...], 2011 614-41-000390-189 CHILDREN and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT ( sections 38 and 91 , Youth Protection Act , CQLR, 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 three motions asking the Court to declare the security and the development of X, 12 years old, Y, 8 years old, and Z, 7 years old, endangered pursuant to

section 38 b) 1 ° iii) and 38

c) of the Youth Protection Act [1] (lack of proper supervision and psychological ill-treatment). [ 2 ] At the hearing, Mtre Yan Massé represents the interest of the children. Mtre Michel Grenier represents the parents. Only the father is present, as the mother is currently in a treatment centre in Town A. [ 3 ] The motions submitted are not challenged. The evidence reveals that the parents have a history of using drugs and alcohol and that this consumption impacts their parenting skills. [ 4 ] They have an adult son living at home who suffers from schizophrenia.

This is a sad situation for all the family as this young adult has special needs. The children, through their lawyer, admit that the parents are sometimes unable to protect them from the behaviours of their big brother. [ 5 ] The situation leads to the parents being at times overwhelmed by the whole situation. [ 6 ] The mother is currently in a treatment centre in Town A and the father will attend such treatment centre in a near future. [ 7 ] All the parties agree on the measures recommended.

These measures are in the best interest of the children and are likely to put an end to the situation that endangers their security and development. FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the motions; [ 9 ] DECLARE that the security and the development of X, Y and Z are endangered pursuant to

section 38 b) 1 ° iii) and 38

c) of the Youth Protection Act ;

[ 10 ] ORDERS the placement of the three children in a foster family until the end of May 2019; [ 11 ] ORDERS that the children obtain all the necessary services needed by their situation and that the recommendations made by the professionals be followed; [ 12 ] ORDERS the parents to seek professional help for substance abuse by completing a treatment program and ORDERS the parents to follow the recommendations made by the professionals; [ 13 ] STRONGLY RECOMMENDS that the parents seek counselling to address their personal issues and to follow the recommendations of the professionals; [ 14 ] ORDERS that the access rights between the children and the parents be supervised by the Director of Youth Protection as for the frequency and the modalities; [ 15 ] ORDERS the parents to remain sober when in presence of the children; [ 16 ] AUTHORIZES any professional working with the family to share information with the Director of Youth Protection; [ 17 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of one year; [ 18 ] ORDERS any peace officer to collaborate with the execution of the Court order; [ 19 ] ENTRUSTS the situation of the three children to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town B on February 15, 2019 ______________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Counsel for the applicant Mtre Yan Massé Centre communautaire juridique A Counsel for the children Mtre Michel Grenier Counsel for the parents Date of hearing: January 10, 2019