2016 QCCQ 10885, 2016 QCCQ 10885

Protection de la jeunesse — 164444 2016 QCCQ 10885 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos. 614-41-000114-167, 614-41-000115-164, 614-41-000116-162 DATE: August 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X (1998-[…]) Y (2000-[…]) Z (2005-[…]) [SOCIAL WORKER], youth protection worker, duly authorized by the Director of Youth Protection of the A Social Services, working in Town A, Quebec, district A Applicant And A, residing and domiciled in Town A, Quebec, district A Mother And B, residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 91 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 YPA). [ 1 ] [Social Worker], delegate of the Director of Youth Protection of the A Social Services, is submitting three motions to declare that the security and development of X, 17 years old, Y, 16 years old, and Z, 11 years old, are in danger with regard to sections 38 (b) (1) (iii), (b)(2) and (

c) of the Youth Protection Act . [ 2 ] At the hearing, the parents were present, assisted by Mtre. Michel Grenier. The children were represented by Mtre. Constantin Kiryakidis and the applicant by Mtre. Gabriel Gaudreault. [ 3 ] The draft agreement states that the consent of the parties was given in a free and enlightened manner. The parties acknowledge the following facts which endanger the security and the development of the children; 3.1. This family is known by the Director of Youth Protection for many years; 3.2.

On April 28, 2016, the Director of Youth Protection intervened to the parents’ place because they were drinking while the children were present; 3.3. The children went to family members; 3.4. On April 29, 2016, the child X was refusing to go back home because of the argument that happened between her parents; 3.5. The same day, the Director of Youth Protection went back to parents’ house and both of them were still intoxicated; 3.6. On May 8, 2016, the Director of Youth Protection received again information that the parents were drinking and arguing in front of the children; 3.7.

The Director of Youth Protection went to the parents’ house and there was a party going on; 3.8. The children went to family members again; 3.9. The mother was supposed to meet with the Director of Youth Protection on Mai 12, 2016, but finally she cancelled the meeting; 3.10. On May 13, 2016, both parents were drinking again;

3.11. On May 14, 2016, both parents are still drinking while the children were present; 3.12. The children were again removed from the home; 3.13. On Mai 16, 2016, the Director of Youth Protection met the parents to discuss about the whole situation; 3.14. The children stated that they don’t want to go back home; 3.15. The children cannot go back, for their safety, in the parents’ environment; 3.16. The parents have alcohol consumption problems and marital related issues; 3.17.

The parents have not take serious steps to correct their situation notably concerning their alcohol consumption problems and marital related issues. [ 4 ] They also agree on several measures in order to put an end to the situation which endangers the children’s security and development; IMPLEMENTS the present Draft Agreement; DECLARES that the security or development of the child is in danger; ORDERS the following measures; ORDERS the children to be entrusted to the parents; ORDERS the children to attend school regularly; ORDERS the children to continue to receive psychological counselling; ORDERS the parents to report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the children’s regard to put an end to the situation in which the security or development of the children is in danger; ORDERS the parents to take an active

part in the application of any of the measures ordered by the tribunal; AUTHORIZES the Director of Youth Protection to do random visits at the home to check for the safety and well-being of the children; ORDERS the parents to be sober in the presence of the children; ORDERS the parent to not display any aggression in the presence of the children; ORDERS the parents to attend anger management counseling; ORDERS the parents to attend marriage counseling; ORDERS the father to complete a treatment substance abuse program; ORDERS that aid, counsel and assistance be provided the children and the parents for a period or eighteen (18) months; ORDERS the police to collaborate with the present judgment. [ 5 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the children; FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the motion; [ 7 ] DECLARES the security and development of X, Y and Z in danger, accordingly to

section 38 (b) (1)(iii), (b)(2) and (

c) of the Youth Protection Act .; [ 8 ] ENDORSES the draft agreement; [ 9 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on August 3, 2016; [ 10 ] ORDERS the parties to respect the measures proposed; [ 11 ] ORDERS the clerk of the Court of Quebec, Youth Division, to annex to this judgment copy of the draft agreement to form an integral part hereof, and to annex such copy to any copy of the judgment to be subsequently delivered;

__________________________________ DENISE DESCÔTEAUX J.C.Q. Mtre. Gabriel Gaudreault DYP for the A Social Services Attorney for the applicant Mtre. Constantin Kiryakidis Community legal center A Attorney for the children Mtre. Michel Grenier, avocat Attorney for the mother and the father Date of hearing: August 4, 2016