2019 QCCQ 12346, 2019 QCCQ 12346

Protection de la jeunesse — 192873 2019 QCCQ 12346 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000937-190 DATE: March 1, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A, working in Town A Applicant and X, born on [...], 2002 Youth and A, deceased Mother and B, deceased Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION ( Sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied to the Court to have the security and development of X, born on [...], 2002, declared to be in danger pursuant s. 38 ( b ) (2) and (

c) of the Youth Protection Act . [1] [ 2 ] At the hearing, the youth was present and assisted by counsel. The biological parents were also present and assisted by counsel. [ 3 ] The following facts were admitted or proved. [ 4 ] The youth was traditionally adopted at birth by the maternal grandparents. The adoptive parents passed away five years ago and the youth returned to live with his biological parents, Ms. C and Mr. D. [ 5 ] The biological parents display alcohol consumption and conjugal violence issues. [ 6 ] Ms.

C has mental health issues and a history of suicide attempts. [ 7 ] On several occasions, the police had to intervene with the biological parents, in particular because they were intoxicated. [ 8 ] On January 22, 2019, the youth revealed that he moved in with his aunt, Ms. E, because of the alcohol consumption issues of his caregivers. The youth also said that his biological parents argue sometimes and that once or twice he witnessed Ms. E trying to commit suicide. [ 9 ] The biological parents have not sought help for their personal issues. [ 10 ] The cooperation of Mr.

D with Youth Protection is regular, but that of Ms. C is unstable. [ 11 ] The biological parents and the youth agree that the security and development of X are in danger and they agree with the measures proposed by the applicant. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on [...], 2002, are in danger pursuant to s. 38 ( b ) (2) and (

c) of the Youth Protection Act . [2] [ 14 ] ORDERS that the youth be entrusted to his aunt, Ms. E;

[ 15 ] ORDERS the youth and the youth’s biological parents to take an active

part in the application of any measures ordered by the Court; [ 16 ] ORDERS the youth’s biological parents to report periodically to the Director on the measures they apply in their own regard or in the youth’s regard to put an end to the situation in which the security or development of the youth is in danger; [ 17 ] ORDERS the youth and the youth’s biological parents to report in person, at regular intervals, to the Director to inform him of the current situation; [ 18 ] ORDERS the biological parents to remain sober in the presence of the youth; [ 19 ] ORDERS the biological parents to refrain from any violent behaviour in the presence of the youth; [ 20 ] RECOMMENDS that the biological parents seek help through Social Services for their personal issues; [ 21 ] RECOMMENDS that Ms.

E follow the professional’s recommendations (medications, CLSC follow-up); [ 22 ] RECOMMENDS that Ms.

E attend a treatment centre for her alcohol issue; [ 23 ] AUTHORIZES the Director of Youth Protection to have access to the level of attendance and participation of the biological parents with the CLSC follow-up; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A, who shall then see that the measures are carried out.

THE WHOLE UNTIL JANUARY 31, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Ivan Lazarov Poupart & Poupart avocats inc. Counsel for the youth Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the biological parents Date of hearing: March 1, 2019