2017 QCCQ 8498, 2017 QCCQ 8498

Protection de la jeunesse — 173394 2017 QCCQ 8498 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos. 635-41-000701-166 635-41-000702-164 635-41-000703-162 635-41-000704-160 DATE: February 8, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2009 Y, born on [...], 2012 Z, born on [...], 2010 A, born on [...], 2014 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and B, residing and domiciled in City A, District A Mother and C, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT ( sections 95(1) and 75 , Youth Protection Act, CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is guilty of 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 (DYP) submits motions for review of the situations of X, Y, Z and A. [ 2 ] On May 2, 2016, the Honourable Jean Gravel rendered a decision under

section 38 of the Youth Protection Act , with the following conclusions: [12] GRANTS the motion; [13] DECLARES that the security and development of the children, Z, A, Y and X, are in danger; [14] ORDERS that the children remain with the parents; [15] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation of compromission; [16] ORDERS that the parents take an active

part in the application of the measures; [17] ORDERS that the parents ensure that the children receive health services required by their situation; [18] ORDERS that the children and the family receive the services of an external educator for the period deemed necessary by the professionals; [19] ORDERS that the parents refrain from consuming alcohol and smoking marijuana in the presence of the children; [20] ORDERS that the parents refrain from using any form of inappropriate discipline towards the children;

[21] RECOMMENDS that the parents seek help through social services concerning their alcohol and drugs, gambling and conjugal violence issues; [22] AUTHORIZES the Director of Youth Protection to perform unannounced visits in the family household; [23] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [24] ORDERS the police to collaborate to the execution of the enactment; [25] ENTRUSTS the situation of the children, Z, A, Y and X, to the Director of Youth Protection for the execution of the measures; [26] THE WHOLE until December 29 th 2016. [ sic ] [ 3 ] The parents admitted most of the facts alleged and accepted the measures proposed by the DYP. [ 4 ] Although the children seem well under the care of the parents, the situation is still fragile. [ 5 ] During the current review period, the parents have had three incidents of inebriation.

The violent relationship dynamic is not resolved and the children are still at risk of being exposed to this. [ 6 ] The parents have not received help for their personal issues.

They cooperated well with the DYP, but were reluctant to seek help from social services. [ 7 ] The recommendation of the applicant is to manage and control their problems at home with the professional help of an external educator. [ 8 ] The Court believes that it is necessary to extend the current order for measures, to help the couple improve their personal issues and provide the children with an environment without abuse, alcohol and conjugal violence.

FOR ALL THESE REASONS, THE COURT: [ 9 ] GRANTS the motions; [ 10 ] DECLARES that the security and development of X, born on [...], 2009, Y, born on [...], 2012, Z, born on [...], 2010 and A, born on [...], 2014, are still in danger; [ 11 ] ORDERS that the children remain with the parents; [ 12 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation of endangerment; [ 13 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 14 ] ORDERS that the parents ensure that the children receive health services required by their situation; [ 15 ] ORDERS that the children and the children’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 16 ] ORDERS that the parents refrain from consuming alcohol and smoking marijuana in the presence of the children; [ 17 ] ORDERS that the parents refrain from using any form of inappropriate discipline toward the children; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the family until March 3, 2017; [ 19 ] RECOMMENDS that the parents seek help through social services concerning their alcohol, drugs, gambling and conjugal violence issues; [ 20 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits in the family household; [ 21 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the order; [ 22 ] THE WHOLE until March 3, 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Kimon Kling Attorney for the children

Mtre. Geneviève Apollon Attorney for the applicant Mtre. Marianne Léonard Attorney for the mother Date of hearing: December 1, 2016