2017 QCCQ 20125, 2017 QCCQ 20125

Protection de la jeunesse — 1710332 2017 QCCQ 20125 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000209-173 614-41-000210-171 DATE: July 10, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2016 AND Y, born on [...], 2014 CHILDREN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of 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 to declare the security and development of Y, two years old, and X, one year old, endangered pursuant to paragraphs b) 1° iii), b) 2° and

c) of

section 38 of the Youth Protection Act . [ 2 ] Mtre. Camille Champeval represents the applicant. Mtre. Constantin Kiryakidis is acting on behalf of the children. The mother, present, is represented by Mtre. Michel Grenier. The father, who is currently in a treatment center, is represented by Mtre. Myriam Gaudreault. [ 3 ] On July 7, 2016, the parents signed an agreement on voluntary measures and consented to the placement of both children in a foster family for a period of six months, that is to say ending on January 7, 2017.

Despite the fact that no other agreement was signed nor the Court seized with the situation of both children, they were maintained in foster family on no legal ground until April 6. On that date, a motion under

section 79 was granted by the Court. [ 4 ] The parents admit the fact that they have alcohol consumption issues.

For the time being, the father is in a treatment center and the mother contemplates doing the same in the near future. [ 5 ] Last year, both parents completed treatment programs, but unfortunately relapsed a few days later. [ 6 ] When under the influence of alcohol, they have arguments that sometimes end with violence. [ 7 ] Despite the agreement signed in July 2016, the parents didn’t offer a full collaboration with the Social Worker and missed numerous scheduled appointments. [ 8 ] In December 2016, the parents were registered to attend a relapse program in City A, but they did not attend. [ 9 ] They were also scheduled to meet with a therapist in City A from March 21 to 23, but they failed to attend. [ 10 ] The mother was accepted in an alcohol treatment program for February 27 but never showed up at the treatment center.

[ 11 ] The contacts with the children were irregular and the parents did not respect the established visits by arriving late or not coming at all. [ 12 ] Both parents acknowledge that the placement of X and Y is necessary. They must understand the necessity solve their issues in the near future or a life plan for both children will be established by the Director of Youth Protection.

Section 91.1 of the Youth Protection Act establishes a time limit for placement of children and as for X, with the current placement sought by the Director, the time limit will be reached. For these motives, the Court: [ 13 ] GRANTS the motions; [ 14 ] DECLARES that the security and development of X and Y are endangered pursuant to paragraphs b) 1° iii) and b) 2° of

section 38 of the Youth Protection Act ; [ 15 ] ORDERS the placement of both children in a foster family for a period of six months; [ 16 ] ORDERS that aid, counsel and assistance be provided to the family for a period of six months; [ 17 ] ORDERS that any access rights between the parents and the children be supervised by the Director of Youth Protection as for frequency and modalities; [ 18 ] ORDERS that the mother attend and complete a therapy at a treatment center; [ 19 ] ORDERS that the father complete the therapy he is currently undergoing; [ 20 ] ORDERS that both parents receive aftercare treatment services; [ 21 ] ORDERS both parents to collaborate with the Director of Youth Protection; [ 22 ] AUTHORIZES all service providers working with the family to share information with the Director of Youth Protection about their progress in the family’s situation; [ 23 ] ORDERS both parents to inform the Director of Youth Protection of their address and phone number and inform promptly of any change; [ 24 ] ORDERS that any police officer collaborate with the execution of the Court order; [ 25 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection for the execution of the Court order. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Camille Champeval DPJ A Lawyer for the applicant Mtre. Constantin Kiryakidis Centre communautaire juridique A Lawyer for the children Mtre. Michel Grenier Lawyer for the mother Mtre Myriam Gaudreault Lawyer for the father Date of hearing: May 23, 2017