2016 QCCQ 6466, 2016 QCCQ 6466

Protection de la jeunesse — 162723 2016 QCCQ 6466 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000076-168 614-41-000078-164 614-41-000077-166 DATE: March 23 rd 2016 PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C.

IN THE MATTER OF: X, born on […] 2011 Y, born on […] 2013 Z, born on […] 2012 Children [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in A City Applicant and A, residing and domiciled in A City, Quebec, district A Mother and B, residing and domiciled in B City, Quebec, district A Father AMENDED JUDGMENT [1] ( Sections 38 and 75 , Youth Protection Act , R.S.Q. 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 that the security and development of the children, X, Y and Z, are in danger. [ 2 ] The mother was present in court on March 23 rd 2016 in C City. She admits most of the alleged facts and agrees with the measures requested by the Director. [ 3 ] The father was represented by a lawyer. He admits some of the alleged facts and consents to the conclusions of the petition. [ 4 ] The three children are very young and vulnerable.

They are aged from two to five years old. [ 5 ] The parents do not live together. The children were under the care of the mother. [ 6 ] The mother had a boyfriend who was violent with her and with whom she abused alcohol consumption. [ 7 ] The parents signed a voluntary agreement on January 27 th 2016. Eight days after signing said agreement, the mother did not respect one of the main undertakings she had made as to her not consuming any alcohol. [ 8 ] The father is not directly involved in the children’s life. He admits that he cannot take care of them in the near future.

[ 9 ] The parents do have good parental capacities but have chosen to neglect their parental responsibilities by over consuming alcohol. [ 10 ] The mother has taken steps to involve herself in a treatment program in the near future. FOR ALL THESE REASONS COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the children, X, Y and Z, are in danger according to sections 38

c) and 38 b) 1) iii) of the Youth Protection Act ; [ 13 ] ORDERS that the children be entrusted to a foster home for a period of six months with the possibility to reintegrate them in their family if the situation allows it; [ 14 ] ORDERS that the contacts between the children and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision if required; [ 15 ] ORDERS that the parents not be under the influence of drugs or alcohol when in the presence of the children; [ 16 ] ORDERS that the parents seek the help they need concerning their alcohol consumption and personal issues; [ 17 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and their family; [ 18 ] ENTRUSTS the situation of the children, X, Y and Z, to the Director of Youth Protection for the execution of the measures; [ 19 ] THE WHOLE for a period of one year except for the placement which is ordered for six months. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Gabriel Gaudreault, Attorney for the applicant Mtre Constantin Kiryaskidis, Attorney for the children Mtre Myriam Gaudreault, Attorney for the mother Mtre Michel Grenier, Attorney for the father