2019 QCCQ 15208, 2019 QCCQ 15208

Protection de la jeunesse — 1910360 2019 QCCQ 15208 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000826-179 DATE: April 18, 2019 (written judgment rendered on November 5, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2013 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and B, residing and domiciled at [...] Mother and C , residing and domiciled at [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 revise a decision rendered on September 4, 2018, regarding the X, born on [...], 2013.

At that date the Court declared the security and development still endangered and entrusted the child to a foster family chosen by the institution operating a child and youth protection centre until April 18, 2019. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and asks to entrust him to a foster family chosen by the institution operating a child and youth centre with a reintegration with his parents when the situation allows it. Position of the parties [ 3 ] The parents are present and represented by Me St-Amand.

They admit some of the allegations, and they agree with the measures. [ 4 ] X, who is 5 years old, is present and represented Me Jennis. [ 5 ] The child’s lawyer submits to the Court that the measures suggested are in his best interest. [ 6 ] X has a half-brother. He is 11 years old and born from the father’s previous union. The Court is also seized with his situation. History of the situation [ 7 ] On November 30, 2017 , the situation of the child was submitted to the Court. The parents had alcohol and drugs addiction issues. The father could be aggressive towards the police and the DYP worker.

He was also physically violent towards the children. The parents did not recognize their issues. The Court declared the security and development endangered [1] and entrusted him to a foster family with a reintegration with his parents, the whole until September 30, 2018. [ 8 ] On September 4, 2018 , the evidence revealed that the situation of the parents remained the same. X was entrusted under his aunt, Ms. C. His development was delayed as he was born prematurely. The aunt allowed a lot of access to the parents, more than the access authorized by the DYP.

The Court reminds the parents that they have to mobilize themselves as the maximum period will be reached at the end of the order. The Court entrusted the children to a foster family until April 18, 2019. Facts [ 9 ] X is registered at the daycare where his aunt is working. Doing so, he is with his foster mother all the time. He has a very good behaviour.

[ 10 ] X benefit from a medical follow-up for his growth delay. [ 11 ] The father and his spouse were able to improve their situation a lot. They progressively reduced their drugs and alcohol consumption and there is no more alcohol consumption since Christmas. The DYP worker plans to continue to work to help the parents to continue in this way. [ 12 ] On October 15, 2018, an event of violence occurred in the house with the older brother, who is an adult and who became violent towards the mother and he tried to stab the father while Y was present. X was not there.

The father has to be supported to be able to impose limits on his oldest sons, Z and A, as there is no violence at home when those two young adult are not there. Analysis [ 13 ] After a few months of difficulties, the parents were able to take the necessary steps to improve their situation. The realized the seriousness and the impact of their consumption on their children. [ 14 ] It’s important that they continue in this way. The children are for sure very well-taking care, but they miss their parents, so the parents have to maintain their achievement and they need to be supported to do so.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child X, born on [...], 2013, are still endangered; [ 17 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth centre; [ 18 ] AUTHORIZES the child’s reintegration with the parents as soon as the situation allows it; [ 19 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the parents remain sober in the presence of the child; [ 21 ] RECOMMENDS that the parents seek help through Social Services concerning their alcohol consumption issues; [ 22 ] ORDERS that the frequency, modalities and terms of the contacts between the child, the parents and his siblings be supervised by the Director of Youth Protection; [ 23 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child, the family and the foster family; [ 24 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 25 ] ORDERS the police to collaborate to the execution of the enactment; [ 26 ] THE WHOLE until November 30, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Caroline Jennis, attorney for the child Me Félix St-Amand, attorney for the parents Date of hearing: April 18, 2019