2012 QCCQ 19081, 2012 QCCQ 19081

Protection de la jeunesse — 128212 2012 QCCQ 19081 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: September 6, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services of A PETITIONER AND X, born on […], 2005 640-41-001487-120 AND Y, born on […], 2006 640-41-001488-128 AND Z, born on […], 2008 640-41-001489-126 AND A, born on […], 2010 640-41-001490-124 CHILDREN AND C MOTHER AND D FATHER ______________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits that the security and the development of X, seven years old, Y, six years old, Z, four years old and A, two years old, are endangered pursuant to paragraphs

b) and

c) of

section 38 of the Youth Protection Act . [ 2 ] At the hearing, M e Daniel Ouellette acts on behalf of the children. Both parents are present but not represented by counsel.

The mother admits all the facts alleged in the petition which are the following: 4.1 The Youth Protection is involved in the life of the family since 2011; 4.2 The mother and her spouse C display alcohol and conjugal issues (sic) related problems; 4.3 The mother and her spouse left the children on many occasions without proper supervision; 4.4 The youth B displays behaviour problems, notably, he is consuming alcohol and drugs regularly; 4.5 On June 23, 2012, the Youth Protection had to intervene as the children A, X, Z and Y were left alone without proper supervision; 4.6 The mother and her spouse were both highly intoxicated; 4.7 The mother was found walking around in the community with the child A (sic) in her arms; 4.8 During the intervention, the mother was displaying aggressive behaviour towards the Youth Protection worker (sic); 4.9 The children were placed in foster home; 4.10 On the same day, the police had to intervene with the youth B as he was found highly intoxicated outside of City A; 4.11 The Social Emergency worker (sic) picked up the youth in City A in order to place him at the Rehabilitation Center; 4.12 During the process of admitting the youth at the rehabilitation (sic) Center, the youth B ran away; 4.13 On June 28, 2012, the mother signed a provisional agreement regarding the children as it appears from a copy of the provisional

agreement, filed as Exhibit D-2 ; 4.14 On August 2, 2012, the children were reintegrated under the care of the mother under conditions; 4.15 The collaboration of the mother with the Youth Protection Worker is regular; [ 3 ] The father admits all the facts that he was aware of. For some of the allegations, since he was not present, they are simply ignored.

Both parents agree with the measures recommended by the Social Worker. [ 4 ] M e Ouellette declares that the family is in a situation that is covered by the Youth Protection Act and that the measures proposed by the Youth Protection Worker are likely to put an end to the situation that endangers the security and the development of the children.

He adds that unannounced visits should be permitted by the Court. [ 5 ] The parents took steps in order to refrain from alcohol consumption and find other ways than violence to settle their problems. [ 6 ] Considering the admissions made by the parents, the reports filed, and the pleadings, the Court is convinced that the recommendations are in the children's best interest and respect their rights. [ 7 ] For these motives, the Court: [ 8 ] GRANTS the petition; [ 9 ] DECLARES that the security and the development of the four children are endangered pursuant to

section 38 paragraphs

b) and

c) of the Youth Protection Act (negligence and psychological ill-treatment); [ 10 ] ENTRUSTS X, Y, Z and A to their parents; [ 11 ] ORDERS that a person working for an institution or body provide aid, counsel, and assistance to the children and their family for a period of one (1) year; [ 12 ] ALLOWS the Director of Youth Protection or one of its representatives to make unannounced visits to the family; [ 13 ] ORDERS that the mother continue to collaborate with the A CLSC department for as long as deemed necessary by the professional providing these services; [ 14 ] ORDERS that the parents be and remain sober when in presence of their children; [ 15 ] ORDERS the parents not to put the children in presence of people under the influence of alcohol or other intoxicating substances; [ 16 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of the execution of the court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

M e Marianne Gagnon-Bourget Lawyer for the petitioner M e Daniel Ouelllette Lawyer for the youth C Mother D Father Date of hearing: August 22, 2012