2018 QCCQ 19471, 2018 QCCQ 19471

Protection de la jeunesse — 1810817 2018 QCCQ 19471 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000908-183 DATE: October 30, 2018 (written judgment rendered on January 8, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2008 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A , residing and domiciled at [...] Mother and B , residing and domiciled at [...] ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X, born on [...], 2008, are in danger under

section 38 b) (2) [1] of the Youth Protection Act and as measure, to entrust him to a foster family. Position of the parties [ 2 ] Both parents are present and represented by Me Léonard. They recognize that the security and development of the child are in danger under

section 38 (b) (2) and they agree with the measures. [ 3 ] The child is absent but represented by Me Neptune and he agrees with the measures. Facts [ 4 ] The parents admit having an alcohol consumption problem. The police had to intervene on many occasions for conjugal violence events while they were intoxicated. Also, the mother was displaying suicidal ideation in the presence of the child. [ 5 ] The parents are conscious of their situation and the impact on their five children.

The father came back from Town A where he completed a treatment program for addiction, and the mother is in Portage treatment Centre since the middle of August 2018. [ 6 ] The DYP offers services to the family since November 30, 2016, on voluntary measures. X is living with family members for several months, and he is doing very well. [ 7 ] X who is now 10 years old likes school but prefers playing outside. [ 8 ] On May 11, 2018, a request was made for an external educator, but the person assigned by the DYP did not fit well with the family, so a new request was made.

The DYP planes to assign a new one, but the person recently arrived in Town B and the first meeting did not take place yet. Analysis [ 9 ] The evidence shows that the parents are conscious about their addiction and that they take the necessary steps to resolve this matter. They realize the impact on their children and the Court encourages them to continue to work on their issues and to seek for a post therapy follow-up. [ 10 ] The child has the chance to evolve in a safe environment with extended family members.

[ 11 ] The situation of the child is in danger and the measures requested are in his best interest. FOR THOSE REASONS, THE COURT: [ 12 ] GRANTS this application; [ 13 ] DECLARES that the security and development of the child X, born on [...], 2008, are in danger under

section 38 (b) (2) of the Youth Protection Act ; [ 14 ] ORDERS that X be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely with Ms. C or the grandmother Ms. D and, if necessary with Ms.

E who is not accredited as such, with a possible reintegration with the parents as soon as the situation allows it; [ 15 ] ORDERS that the contacts between the child and the parents be supervised by the Director of Youth Protection regarding frequency and modality; [ 16 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 17 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 18 ] ORDERS that the parents remain sober in the presence of the child; [ 19 ] ORDERS that the parents refrain from violent behaviour in the presence of the child; [ 20 ] ORDERS that the parents ensure that an appropriate adult caregiver babysits the child when they choose to consume alcohol; [ 21 ] ORDERS that the child and the family receive the services of an external educator if necessary; [ 22 ] ORDERS that the parents continue to seek help through Social Services concerning their alcohol and personal issues; [ 23 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the 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 October 31, 2019. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Marianne Léonard, attorney for the parents Date of hearing: October 30, 2018