2019 QCCQ 12354, 2019 QCCQ 12354

Protection de la jeunesse — 192881 2019 QCCQ 12354 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division Nos.: 640-41-002269-196; 640-41-002272-190; 640-41-002273-198 DATE: March 22, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director A, working in Town A Applicant and X, born on [...], 2014 Y, born on [...], 2012 Z, born on [...], 2017 Children and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection submitted three applications asking the Court to declare that the security and development of X, born on [...], 2014, Y, born on [...], 2012, and Z, born on [...], 2017, are in danger pursuant to ss. 38 (b)1 o (iii) and (

c) of the Youth Protection Act . [1] [ 2 ] At the hearing, the parents refused to travel to Town B and were not represented by counsel.

The children were not present but were represented by counsel. [ 3 ] The parents have a history of alcohol and conjugal violence issues. [ 4 ] On April 9, 2018, the parents signed voluntary measures regarding the children. [ 5 ] Since Youth Protection has been involved with the family, the parents have been in and out of custody several times. [ 6 ] On several occasions, the parents left the children without the proper supervision. [ 7 ] On several occasions, the police and Youth Protection had to intervene with the parents for incidents of conjugal violence. [ 8 ] On several occasions, the police and Youth Protection had to intervene with the parents as they were intoxicated while the children were under their care. [ 9 ] The mother has a regular follow-up with Social Services. [ 10 ] The mother’s cooperation with Youth Protection is regular and the father’s cooperation is irregular and minimal.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS these applications; [ 12 ] DECLARES that the security and development of X, born on [...], 2014, Y, born on [...], 2012, and Z, born on [...], 2017, are in danger under ss. 38 (b)1 o (iii) and (

c) of the Youth Protection Act ; [2] [ 13 ] ORDERS that the children remain with the parents;

[ 14 ] ORDERS the parents to report periodically to the Director on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security and development of the children are in danger; [ 15 ] ORDERS the parents to take an active

part in the application of any of the measures ordered by the Court, to fully cooperate with the Director of Youth Protection and to meet with the youth protection worker upon request; [ 16 ] ORDERS the parents to remain sober in presence of the children; [ 17 ] ORDERS the parents to refrain from any violent behaviour in the presence of the children; [ 18 ] RECOMMENDS that the parents seek help through Social Services for their alcohol and personal issues; [ 19 ] ORDERS that the Director be authorized to access the information regarding the parents’ presence at appointments with the professionals and their level of involvement in the services provided; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 21 ] ORDERS the police to cooperate in the execution of this judgment; [ 22 ] ENTRUSTS the situation of the children, Z and Y and B, to the Director A, who shall then see that the measures are carried out.

THE WHOLE UNTIL DECEMBER 31, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the children Date of hearing: March 22, 2019