2020 QCCQ 10693, 2020 QCCQ 10693

Protection de la jeunesse — 206983 2020 QCCQ 10693 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » No: 614-41-000549-206; 614-41-000550-204 DATE: June 18, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of […] Health and Social Services […], working in Town A.

APPLICANT and X, born on […], 2019 Y, born on […], 2019 CHILDS and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT Sections 38 and 91 of the 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 Y.P.A.). [ 1 ] The Director of Youth Protection of […] Health and Social Services […] asks the Court to declare that the security and development of the twins X and Y are endangered pursuant to

section 38 b) 1° iii) (lack of supervision, neglect) of the Youth Protection Act . [ 2 ] Both parents are present and assisted by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the children and Mtre. Adelia Ferreira for the applicant. [ 3 ] The application is not challenged by the parents and they would agree to the recommendations made by the Director if the duration was one of 9 months.

The applicant is in agreement with this request from the parents. [ 4 ] From the admissions made and the content of the reports filed, there is sufficient evidence to declare that the security and development of both children are endangered. [ 5 ] On February 18, 2020, a provisional agreement was signed by the parents and the children were entrusted to the care of the maternal grandmother. [ 6 ] The parents have a habit of going out drinking at night. They leave the children with a babysitter and sometimes, they do not come back home.

When this happens, the grandmother goes to get the children. [ 7 ] Despite the fact that they offered a poor collaboration with the Social Worker, the parents took steps in order to improve their situation. They met with Mr. [social worker 2], therapist, the community worker, the A worker and registered for a marital program. [ 8 ] With the measures taken by the parents, the recommendations of the applicant were modified. At first it was recommended that the children be placed.

Given the mobilization of the parents, the Director of Youth Protection is of the opinion that both children can be entrusted to them with services for a period of 9 months. [ 9 ] The mobilization of the parents says a lot about their commitment to their sons. They put the best interest of the children before their own and demonstrated that they are willing to improve their situation for the well-being of the twins. The Court hopes that this mobilization will last for the next months. [ 10 ] The children’s lawyer states that the measures recommended, as modified, are likely to put an end to the situation that

endangers the security and the development of his young clients. FOR THESE MOTIVES, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that security or development of the children X and Y are endangered (

section 38 b) 1 iii) of the Youth Protection Act ). [ 13 ] ENTRUSTS the children to their parents and ORDERS that the children be entrusted to their maternal grandmother if the parents attend treatment together; [ 14 ] ORDERS that the parents be and remain sober when in presence of the children; [ 15 ] ORDERS that the parents engage in any kind of treatment or service to address their substance abuse issues; [ 16 ] ORDERS that aid, counselling and assistance be provided to the children and the parents for a period of 9 months; [ 17 ] ORDERS that the children receive all medical services required by their situation; [ 18 ] AUTHORIZES the Director to obtain and share information as regards attendance, frequency and collaboration with all service providers working with the family; [ 19 ] ENTRUSTS the situation of both children to the Director of Youth Protection of […] Health and Social Services […] who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira, Lempicka, Attorneys Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the children Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. – B Lawyer for the parents Date of hearing: June 18, 2020