2013 QCCQ 17786, 2013 QCCQ 17786

Protection de la jeunesse — 136153 2013 QCCQ 17786 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 640-41-001603-130, 640-41-001604-138, 640-41-001648-135, 640-41-001649-133, 640-41-001650-131, 640-41-001651-139, and 640-41-001652-137 DATE: November 26, 2013 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 1999 Y, born on […], 2000 Z, born on […], 1998 A, born on […], 2002 B, born on […], 2005 C, born on […], 2008 D, born on […], 2011 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A, Quebec, District A Applicant and MRS E, residing and domiciled, in Town A, Quebec, District A Mother and MR F, residing and domiciled, in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 91 , Youth Protection Act , R.S.Q. , c.

P-34.1) ______________________________________________________________________ [ 1 ] Mrs [social worker 1], delegate of the Director of Youth Protection of the Cree Board of Health and Social Services of James Bay, is submitting seven petitions to declare the security and development of X, Y, Z, A, B, C and D in danger with regard to

section 38 (b) (1) (i), (b) (2) and (

c) of the Youth Protection Act , because the parents fail to meet the children's basic physical needs, the serious risk of neglect and the psychological ill-treatment. [ 2 ] At the hearing, the parents and children are present, assisted by Me Clara Egervari (mother), Me Ratha Heang (father) and Me Myriam Gaudreault (children). Me Gabriel Gaudreault represents the applicant. [ 3 ] The parents admit all the allegations and acknowledge that the children's security and development are in danger.

Three of the oldest children made some admissions and agree with the measures. [ 4 ] It is proved that the father and the mother regularly consume abusively alcohol and neglect the children. [ 5 ] Last May 8, a report was received by the Director of Youth Protection concerning the poor hygiene of X. On June 22, another report was received that the father was consuming alcohol at home in presence of the children. [ 6 ] On the same day, the mother was intoxicated in town A and the children were left under the supervision of their oldest brother of 18 years old who was also intoxicated.

The children were entrusted in foster care at the time. [ 7 ] The Director of Youth Protection received another report last September 9 that one of the children was scared to go home because she had seen her parents under the influence of alcohol. The child was also hungry. The Director of Youth Protection found the parents unconscious at home. She was unable to wake them up and the other children were playing outside without supervision.

The oldest brother of 18 years old was also unconscious lying on the couch. [ 8 ] Immediate protective measures were taken and children were entrusted in foster care where they remained. [ 9 ] Considering the parents' serious problems with alcohol consumption and their neglect towards the children, the Court declares the security and development of the seven children in danger and proceeds to the applicable measures inquiry. [ 10 ] Social studies are filed and the social worker recommends that the children be entrusted to foster families for six months.

Meanwhile, the parents will seek help from a [A Organism] worker for their alcohol problems and from a community worker for their marital issues. [ 11 ] The parents and the oldest children agree with the measures. The children want to feel safe at home and to have closed supervision by their parents. They want them sober and attentive. They do not accept anymore violence at home. [ 12 ] The delay of six months is sufficient to see the real motivation of the parents and sufficient improvement.

If they do not collaborate, the children will have to remain entrusted to foster parents. [ 13 ] Considering the evidence and the parties agreement, [ 14 ] FOR THESE MOTIVES, THE COURT: [ 15 ] DECLARES that the security and development of Y, Z, A, B, C, X and D are in danger; [ 16 ] ORDERS the placement of C, Y, Z, A, B, X and D in foster families for a period of six months; [ 17 ] ORDERS the parents to meet regularly with the NNADAP worker and to receive a treatment for their alcohol problems; [ 18 ] ORDERS the parents to meet with the community worker for their marital problems; [ 19 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the parents and children for a period of six months; [ 20 ] ORDERS the parents to collaborate actively with the social worker; [ 21 ] ORDERS the Director of Youth Protection to supervise all visits and access of the children with the parents; [ 22 ] ORDERS the police officer to collaborate in the execution of the present judgment; [ 23 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault, attorney for the applicant Me Ratha Heang, attorney for the father Me Clara Egervari, attorney for the mother Me Myriam Gaudreault, attorney for the children Date of hearing: October 9, 2013