2021 QCCQ 808, 2021 QCCQ 808

Protection de la jeunesse — 2175 2021 QCCQ 808 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] Youth Division No. 614-41-000489-197 614-41-000490-195 614-41-000488-199 DATE : January 6 th , 2021 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q.

IN THE SITUATION OF: X, born on […], 2016 Y, born on […], 2012 Z , born on […], 2009 Children and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [Town A] Applicant and A Mother B Father JUDGMENT JG1314 Warning: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection (the “Director”) submitted an application for a review of the decision rendered on November 13 th , 2019 entrusting the children to a foster family for a period of one year with supporting measures including a counsellor assistance for the same period. [ 2 ] The Director recommends that the Court order that the children remain entrusted to the parents. [ 3 ] On November 17 th , 2020, the Director submitted an application under

section 76.1 of the Youth Protection Act asking the Court

to order a provisional placement in a foster home until the hearing sets on January 6 th , 2021. [ 4 ] The Court ordered that the children be entrusted to their parents under strict conditions, namely no consumption of alcohol in the home of the parents, no intoxicated person in the home and that the parents respect a cover-fire from 11:00 pm to 6:00 am. [ 5 ] Since the last Court ordered on November 13 th , 2019, the children remained in foster care until July 2020. [ 6 ] Since the children were entrusted to the parents, they related and resumed drinking to the point of intoxication.

Nevertheless, both parents went to treatments and completed their programs. They have both social workers from front line services who provide service to them and assist in finding programs. The parents have a long standing issue with alcohol, when the parents refrain from drinking, there are no issues within the family. The children are seen at [Centre A] and the parents meet the needs of the children.

The parents need to continue with their follow-up and relates prevention so the children can remain and grow up in their own home. [ 7 ] The parents should register themselves to relate program and attend regularly so they can refrain from drinking.

The parents collaborate with the Director and they agree to the measures recommended. [ 8 ] The Director will monitor the situation very closely and the parents are aware and conscious of the importance to maintain their commitment to register to relate program. [ 9 ] For these reasons, the Court concludes that the recommendations made by the Director are in the interest of the children.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the children are still in danger for the reason alleged; [ 12 ] ORDERS that Z, X and Y remain with the parents; [ 13 ] ORDERS that the children attend school on regular basis; [ 14 ] ORDERS that the children continue receiving services from [Centre A]; [ 15 ] ORDERS that the parents report in person at regular intervals to the director of youth protection to inform him of the current situation more specifically, and all other appropriate services concerning their addiction issues. [ 16 ] AUTHORIZES that DYP have access to the information regarding the parent’s presence at appointments with professionals and their level of involvement in the services provided. [ 17 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of 6 months; until July 6, 2021. [ 18 ] ENTRUSTS the children’s situation to the DYP for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

Me Fanny Wylde Counsel for the children Me Magdalena Lempicka Counsel for the Director of Youth Protection

Me Michel Grenier Counsel for the mother Me Marie-Josée Ayoub Counsel for the father Date of hearing: January 6 th , 2021