2017 QCCQ 19954, 2017 QCCQ 19954

Protection de la jeunesse — 1710379 2017 QCCQ 19954 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: October 25, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2012 614-41-000250-177 Y, born on [...], 2014 614-41-000251-175 Z, born on [...], 2017 614-41-000249-179 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT 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 submits motions asking the Court to declare that the security and development of the three children are endangered pursuant to paragraphs b) 1° iii), b) 2°, and

c) of

section 38 of the Youth Protection Act . [ 2 ] For the hearing, Mtre. Yan Massé acts on behalf of the children and Mtre Adelia Ferreira on behalf of the applicant. The mother is present and represented by Mtre. Marie-Josée Ayoub and the father, also present, by Mtre. Michel Grenier. [ 3 ] The admissions made by the parents are completed by the filing of the evaluation-orientation report as evidence. Neither the motions nor the recommendations are challenged. [ 4 ] The evidence reveals that the parents were intoxicated at home on August 2, 2017.

The two oldest children ran out of the home saying that the father was mad. On the same day, the Director of Youth Protection intervened and asked the mother to leave with the children. The mother decided to stay with the father and consequently, the children were placed in foster homes. It is not the first time that youth protection is involved in the life of this family for drinking problems and domestic violence. [ 5 ] In July 2016, the same situation occurred and X and Y were entrusted to their maternal grandmother for 30 days. In 2016, the mother was asked to go live at her mother’s home with her children.

She returned with the father and the children were found in their presence while they were intoxicated. The father admits that when he is intoxicated, they get into arguments more easily. [ 6 ] The Social Worker testified that if the mother would live with her children without the presence of the father, it would be accepted by the Director of Youth Protection. In fact, the mother does not want the father to be excluded. The father has nowhere else to go and very candidly said that it would be difficult for him to respect.

The Court appreciates the open attitude of the father regarding this situation. [ 7 ] The father is taking steps to attend a treatment centre and the Social Worker is of the opinion that as soon as he leaves for a treatment centre, the children can be reintegrated with their mother. [ 8 ] The placement requested is for a very short period, and that means that the father has to complete all necessary steps to attend a treatment centre as soon as possible. [ 9 ] FOR THESE MOTIVES, THE COURT:

[ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and development of the children are endangered pursuant to paragraphs b) 1° iii), b) 2°, and

c) of

section 38 of the Youth Protection Act ; [ 12 ] ORDERS the placement of the children in a foster family for a period of 5 months with a possible reintegration to the care of the mother when the father leaves for the treatment centre and specifies that if the father fails to go through the entire treatment and returns to the community, the children must be returned to the care of the foster family; [ 13 ] ORDERS the father to attend a treatment centre for alcohol addiction as soon as possible and to complete the entire program; [ 14 ] ORDERS the mother to be assessed to determine if she presents alcohol related issues and ORDERS her to follow any recommendation made by the professionals; [ 15 ] ORDERS the parents to be and remain sober when in the presence of the children; [ 16 ] ORDERS the parents not to put the children in the presence of people under the influence of intoxicating substances; [ 17 ] ORDERS that X attend school on a regular basis; [ 18 ] ORDERS that Y and Z attend a daycare on a regular basis; [ 19 ] ORDERS that access rights between the children and their parents be encouraged, but supervised by the Director of Youth Protection as for the modalities and the frequency and in the presence of a third party if required by the situation; [ 20 ] ORDERS the parents to engage in counselling to address their personal and relationship issues; [ 21 ] ORDERS that aid, counselling and assistance be provided to the children and their parents for a period of one year; [ 22 ] AUTHORIZES all service providers working with the family to share information with the Director of Youth Protection; [ 23 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 24 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the measures ordered. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DYP A Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the child Mtre. Marie-Josée Ayoub Lawyer for the mother Mtre. Michel Grenier Lawyer for the father Date of hearing: September 6, 2017