2017 QCCQ 18490, 2017 QCCQ 18490

Protection de la jeunesse — 178916 2017 QCCQ 18490 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000254-179 DATE: November 6, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2014 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of A Applicant and A, residing and domiciled in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (sections 38 and 75 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 of A (D.Y.P.) submits to the Court an application asking to declare the security and development of X, born on […], 2014 in danger because of his parents’ neglect to provide him appropriate supervision and because of the serious risk that they won’t provide him his needs (section 38 b) 1 o iii and b) 2 o of the Youth Protection Act ). [ 2 ] At the hearing, the mother and the father are present, represented by Me Michel Grenier and Me Marie-Josée Ayoub.

Me Constantin Kiryakidis represents the child and Me Camille Champeval, the applicant. [ 3 ] The evidence of the compromission is constituted of the admission done by the parents. It is proved that the child’s situation was judiciarised in 2016 and a judgment was rendered on August 4, 2016. His security and development were declared in danger for the same motives in regards of

section 38 b) 1 o iii of the Youth Protection Act . The child was placed in a foster home until April 7, and social follow-up was ordered until July 7, 2017. Then the file was closed. [ 4 ] But few days later, the parents relapsed and started to consume alcohol in July 2017. They consume on numerous occasions during July. [ 5 ] The brother of X, Y, stated to the social worker that he saw his mother drinking and consuming cocaine. The frequency of the mother’s consumption of cocaine remains unknown. [ 6 ] The father was arrested on July 20, following an altercation between the parents.

When the police arrived, they found the parents drinking and cocaine was found on the premises. The mother was victim of a serious assault committed by the father last September and he remains detained since. [ 7 ] On July 12, immediate protective measures were taken and the child was placed in a foster home. On July 13, the parents agreed for the child’s placement for 30 days, where he remained until today. [ 8 ] The father did not seek for any help since the last judgment. [ 9 ] Both parents are not reliable. They cannot supervise adequately their young child.

They do not collaborate with the social worker. [ 10 ] The mother is reported by the social worker having a long history of drugs and alcohol abuse problems and an history of violent relationship. She attended therapy in 2016 but relapsed soon after the end. She does not have any house now because [the municipality ]

declared the one she had inhabitable. Now she lives with her parents. [ 11 ] The father is not able to take care of the child being detained now and having lot of serious issues. [ 12 ] Considering the whole evidence, the Court recommends the Commission des droits de la personne et des droits de la jeunesse to investigate on the situation of the child, entrusted to the D.Y.P. CONSEQUENTLY, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X, born on […], 2014 are in danger in regards of

section 38 b) 1 o iii and b) 2 o of the Youth Protection Act; [ 15 ] ORDERS his placement in a foster family for one year; [ 16 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the child and his parents for one year; [ 17 ] RECOMMENDS that the D.Y.P. prepares a life project for the child; [ 18 ] ORDERS the D.Y.P. to supervise the visit rights and access of the parents with the child as for the modalities, the frequency, the duration and the presence of a third party if required; [ 19 ] RECOMMENDS an investigation by the Commission des droits de la personne et des droits de la jeunesse; [ 20 ] RECOMMENDS that the parents seek help to social services for their toxicomania and personal issues; [ 21 ] ENTRUST the situation of the child to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Constantin Kiryakidis Attorney for the child Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: October 12, 2017