2019 QCCQ 11665, 2019 QCCQ 11665

Protection de la jeunesse — 192243 2019 QCCQ 11665 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000406-183; 614-41-000403-180; 614-41-000405-185; 614-41-000404-188 DATE: January 9, 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 [...], 2002 Y, born on [...], 2006 Z, born on [...], 2007 A, born on [...], 2008 CHILDREN and B MOTHER and C FATHER ______________________________________________________________________ JUDGMENT ( Sections 38 and 91 of the Youth Protection Act, C.Q.L.R., 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 four motions asking the Court to declare that the security and development of the children are endangered because of lack of supervision (38 b) 1° iii) YPA ), serious risk of being neglected (38 b) 2° YPA ) and psychological ill-treatment (38

c) YPA ). [ 2 ] The situation of the children is known by the Director of Youth Protection since the children were placed in a foster family for a period of one year from February 2017 to February 2018. Thereafter, the files were closed. [ 3 ] The mother attended a treatment centre in December 2017 and was able to be and remain sober until last summer. The parent are separated. In October, the children were placed under provisional agreements. [ 4 ] Both parents present alcohol consumption issues. [ 5 ] The mother is willing to go back to a treatment centre.

As for the father, he did not attend a treatment centre. He does not contact the Social Worker and barely asks about his children. [ 6 ] The status of the parents’ relationship remains unclear. [ 7 ] For the time being, they are not able to properly take care of the children and supervise them. They agree with the measures recommended by the Director of Youth Protection. [ 8 ] The two eldest children agree with the recommendation.

The two youngest would have preferred to go back with their mother, but considering that she must first resolve her alcohol consumption issues, they have to be placed. [ 9 ] It will be important to pay special attention to Y as he is starting to display behavioural disturbances. [ 10 ] The Director of Youth Protection informed the Court that he will have to find new foster families for the children. To this day, X was entrusted to her grandmother. She will remain there for a short period of time; until the Director of Youth Protection finds a suitable foster home for her.

FOR THESES MOTIVES, THE COURT: [ 11 ] GRANTS the motions; [ 12 ] DECLARES that the security and the development of the children are endangered (

Section 38 b) 1° iii), 38 b) 2° and 38

c) YPA ); [ 13 ] ENTRUSTS X to the care of her maternal grandmother for a period of ONE month; [ 14 ] Thereafter, ORDERS that X be entrusted to a foster family for a period of 11 months; [ 15 ] ORDERS the placement of Y, Z and A in foster families for a period of one year; [ 16 ] ORDERS that aid, counselling and assistance be provided to the children and their family for a period of one year; [ 17 ] ORDERS both parents to seek treatment in order to resolve their alcohol and drug-related problems; [ 18 ] AUTHORIZES the reintegration of the children wither either parent after completion of a treatment program followed by three consecutive months of sobriety after the end of the treatment; [ 19 ] ORDERS both parents to collaborate with an aftercare follow-up after their therapy in a treatment centre; [ 20 ] ORDERS that the access rights between the parents and their children be supervised by the Director of Youth Protection as for the frequency, the modalities and the presence of a third party if deemed necessary; [ 21 ] ORDERS the parents to be and to remain sober when in the presence of the children; [ 22 ] ORDERS the parent not to put the children in the presence of people under the influence of intoxicating substances; [ 23 ] AUTHORIZES any professional providing services to the family to share information with the Director of Youth Protection; [ 24 ] ORDERS any peace officer to collaborate with the execution of the measures ordered if requested to do so by the Director of youth Protection or one of its representatives; [ 25 ] ENTRUSTS the situation of the four children to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on February 15, 2019 __________________________________ LUCILLE CHABOT, J.C.Q. Mtre Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant Mtre Yan Massé Centre communautaire juridique A Lawyer for the children Mtre Michel Grenier Lawyer for the mother Mtre Marie-Josée Ayoub Ayoub avocats Inc. Lawyer for the father Date of hearing: January 9, 2019