2015 QCCQ 17759, 2015 QCCQ 17759

Protection de la jeunesse — 155686 2015 QCCQ 17759 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000486-156 DATE: September 2, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 (DYP) asks the Court to declare that the security or development of the child is in danger, because of neglect, his exposition to domestic violence and his exposition to his parent’s substance abuse. His siblings are aimed by the same request. The parties agree to present common evidence. [ 2 ] At the hearing, the parents are present and not represented. The parents generally admit the facts.

They agree with the measures proposed by the DYP and the filing of the report to value the testimony of their respective author. [ 3 ] The child is not present but duly represented; furthermore, he agrees with the facts, and the conclusions suggested. The filing of the report to value the testimony of their respective author is also admitted. [ 4 ] On May 28, 2015, the DYP got involved with the family. An agreement on voluntary measures was signed maintaining the children with the mother. [ 5 ] The parents are separated and they both are very unstable. A problem of domestic violence is also present between them.

Both parents have a serious addiction related to drugs and alcohol. [ 6 ] At the beginning of June 2015, the mother left to attend a detox program in Town A. The mother came back after 12 days, precisely on June 17, 2015, without completing the therapy. She never advises the services of her return home. While she was gone the children were entrusted to members of the family. [ 7 ] On July 10, 2015, after a few weeks after her return from detox, only her two oldest children went back to live with her.

The baby remained entrusted to relatives. [ 8 ] On July 14, 2015, the mother entrusts her two oldest children to family member because she was overwhelmed. She admits not being able to care for her children. [ 9 ] On July 15, 2015, an immediate measure was put in place entrusting the two oldest children to a foster family due to the fact that the mother was highly intoxicated and the police was also involved. [ 10 ] The mother does collaborate with the services but she doesn’t get involved. She misses appointments set by the social worker

and she completely avoids the services by not answering her phone or door. [ 11 ] The mother uses drugs and alcohol regularly. At the hearing, the mother states that she doesn’t intend to go back into a detox program. She admits consuming alcohol but she put an end from the consumption of drug since June 2015. [ 12 ] The father also has an addiction to drugs and alcohol. He doesn’t keep in touch with the social worker. Recently, the father renewed his commitment with DYP and claims being ready now to work on his situation. [ 13 ] The parents benefit from supervised visits with the children.

The father also called the children at the foster family and the contacts went well. [ 14 ] The child is six year’s old, he needs to be secure and in a stable environment. At the moment, the parents are not able to provide such environment or care for the child’s needs. [ 15 ] Under the circumstances, the petition is well founded. The suggested measures appear to be in the best interest of this child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the petition for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 18 ] ORDERS that the child be entrusted to a foster family until August 31, 2016; [ 19 ] ORDERS that all contacts between the child and his parents are determined following an agreement between the parties, and supervised by the DYP as long as deemed necessary; [ 20 ] RECOMMENDS that the parents seek counselling for their addictions; [ 21 ] RECOMMENDS that the parents receive psychological follow-up for as long as deemed necessary by the professional; [ 22 ] ORDER that both parent be sober in the presence of their children; [ 23 ] ORDER that the parents report to the DYP on a regular basis and that both parents play in active role in their children’s lives; [ 24 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until August 31, 2016; [ 25 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Mathieu Racine for the child Mrs. A the mother Mr. B the father Date of hearing: September 2, 2015 Written judgment filed on September 25, 2015