2016 QCCQ 10884, 2016 QCCQ 10884

Protection de la jeunesse — 164443 2016 QCCQ 10884 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 614-41-000109-167 DATE: August 16, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X (2014-[...]) [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, district A Applicant And A, residing and domiciled in Town A, Quebec, district A Mother And B, residing and domiciled in Town A, Quebec, district A 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 YPA). [ 1 ] [Social Worker 1], delegate of the Director of Youth Protection A, is submitting a motion to declare that the security and development of X, 1 year old, is in danger with regard to

section 38 (b) (iii) of the Youth Protection Act . [ 2 ] At the hearing, the parents were present, assisted by Mtre. Michel Grenier. The child was represented by Mtre. Constantin Kiryakidis and the applicant by Mtre. Gabriel Gaudreault. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The parties acknowledge the following facts which endanger the security and the development of the child; 3.1. As relevant background information, the mother lives with the children and with X’s father, Mr. B; 3.2.

As relevant background information, the mother has other children who are placed under the Youth Protection Act due to her alcohol and drug consumption; 3.3. The mother has a longstanding history of drug and alcohol consumption issues; 3.4. Y and Z’s father also has had issues with alcohol and drug consumption but has gone for treatment in January 2016; 3.5. On January 8 th 2016, a signalement was received to the effect that the mother had not accompany her 13 years old child to his treatment program, as she was too intoxicated; 3.6.

The mother has not denied being intoxicated and the child and siblings were placed in a foster home on that same day; 3.7. The children were reintegrated back to the mother’s care, after she confirmed her intention to engage in treatment programs to address her consumption issues; 3.8. However, since then, the mother and Mr. B have consumed mainly cocaine, speed and other stimulating drugs; 3.9. The mother and Mr. B were intoxicated in presence of the children;

3.10 On May 10 th 2016, the mother and Mr. B were seen to be intoxicated during a meeting with DYP representatives, scheduled to discuss the situation of the mother’s other child; 3.11 On May 9 th 2016, Mr. B attempted to pick up a prescription of Concerta for the mother’s other child, to use it for his personal benefit; 3.12 In November 2015, the mother reported an incident of conjugal violence, during which she was hit by Mr. B, after both of them had consumed alcohol; 3.13 Both the mother and Mr.

B had stated their intentions to seek help to address the violence in their relationship, but steps were not taken at this point in time; 3.14 Since the recent involvement of the Director of youth Protection, the mother has taken some steps to address her consumption issues and should be starting a treatment program in Town B on May 23 rd 2016 for a duration of 6 weeks; 3.15 Mr.

B has stated his intentions to address his consumptions issues, but no concrete steps were taken as of today; 3.16 On May 10 th 2016, the children were entrusted to their aunt, situation approved by the mother on May 12 th , after she signed a provisional agreement to this effect; 3.17 The children’s aunt, however, is unable to continue caring for them after June 10 th , due to personal reasons [ 4 ] They also agree on several measures in order to put an end to the situation which endangers the child’s security and development; IMPLEMENTS the present draft agreement; DECLARES that the security or development of the child is in danger; ORDERS the following measures; ORDERS the child to be entrusted to a foster home until April 7, 2017, with the possibility for him to reintegrate his parent environment if the situation allows it; ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the child and the family until July 7, 2017; ORDERS the child to be registered and go to daycare regularly; ORDERS the child to receive all the health care and health services required by his situation including social, medical and psychological; ORDERS the contact between the child and his parent, sibling and extended family be favored (unless the child says otherwise) but determined by the Director or Youth Protection regarding their frequency, modality and degree of supervision; ORDERS the parents to submit themselves to a drug and alcohol test before having contact with the child and the results have to be negative; ORDERS the parents to remain sober of any kind of intoxicated substances in the presence of the child; ORDERS the parents to assure that the child will not be put in contact whit person under the influence of any kind of intoxicated substances while he is under their care; ORDERS the parents to involve themselves in professional counseling to resolve definitely their addiction issue to intoxicated substances; ORDERS the parents to seek professional help to resolve their personal and conjugal issue; ORDERS that aid, counsel and assistance be provided the child and the mother for a period of duration; ORDERS the police to collaborate with the present judgment;

[ 5 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the child; FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES the security and development of X in danger accordingly to

section 38 (b) (iii) of the Youth Protection Act .; [ 8 ] ENDORSES the draft agreement; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on August 4, 2016; [ 10 ] ORDERS the parties to respect the measures proposed; [ 11 ] ORDERS the clerk of the Court of Quebec, Youth Division, to annex to this judgment copy of the draft agreement to form an integral part hereof, and to annex such copy to any copy of the judgment to be subsequently delivered; __________________________________ DENISE DESCÔTEAUX J.C.Q. Mtre.

Gabriel Gaudreault DYP for the Cree Board of Health and Social Services Attorney for the applicant Mtre. Constantin Kiryakidis Community legal center A Attorney for the child Mtre. Michel Grenier, avocat Attorney for the mother and the father Date of hearing: August 4, 2016