2018 QCCQ 12180, 2018 QCCQ 12180

Protection de la jeunesse — 182517 2018 QCCQ 12180 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number: 140-41-000537-173 DATE: February 19, 2018 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X born on […], 2003 Adolescent -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] A petition for protection purpose in respect of X, born on […], 2003, and her brother Y, born on […], 2004, is referred to the Court by the director of youth protection pursuant to sections 38 and 75 of the youth protection Act. The petitioner asks this Court that the children be entrusted to their parents. [ 2 ] At the hearing, the parents, Mrs. A and Mr. B, are absents.

A lawyer represents X and Y. [ 3 ] The children’s counsel consents that the following exhibits submitted for the testimony of their author. Also, she agrees at a joint evidence. Psychosocial assessment prepared Mrs. [Social Worker 1], an evaluation report signed by Mrs [Social Worker 2] and [Social Worker 3], a letter from Mr. C, special care counsellor, a sheet of verification of attendance at school, the report card of school, drug tests reports and criminal record of the father. [ 4 ] X and Y’s lawyer tells this Court that they agree with the recommendations suggested by the youth protection.

THE EVIDENCE [ 5 ] The realty today is very different there was some months ago. Mrs. [Social Worker 1] testifies that the parents has rent a new apartment. X and Y have their room. [ 6 ] She went three times at the apartment, without advise, and it was clean. An educator sees the children every week. X and Y are presents at school, and globally, the situation is better. It’s the same thing for the personal hygiene of boys. [ 7 ] Mr.

C writes in his resume : “ X and Y have demonstrated that they can pan, organize and are responsible enough to attend school on a full time basis without external support [1] . ” [ 8 ] During these three visits, the parents were sober. They are ready to collaborate better than in the past. The grand-father stays with them and it’s positive for the teenagers. [ 9 ] For the parents, a sober life is very important and it is the first step. And both parents have to put the efforts in the same way.

If they don’t, we will return at the same point. [ 10 ] Also, their sister Z, who lives there too, is “a filet de sécurité” for their young brothers, says Mrs. [Social Worker 1] in her testimony. [ 11 ] Considering the whole evidence, the report’s content, the admissions, and the consent of the parties, the Court grants the

motion cause it is in the best interest of them. WHEREFORE, THE COURT : [ 12 ] GRANTS the present application for protection; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] ORDERS that X be entrusted to his parents; [ 15 ] ORDERS that X attends school; [ 16 ] PROHIBITS the father and the mother from consuming any alcohol or drugs in the presence of the youth; [ 17 ] RECOMMANDS that the father and the mother submits themselves to random drugs screening tests; [ 18 ] RECOMMANDS that the youth and his parents beneficiate from the services of an educator as long as deemed necessary by the professional; [ 19 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the adolescent and his family until December 30 th , 2018; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ DENIS PARADIS, J.C.Q.

Me Mylène Pelletier-Rivet for the petitioner Me Mylène Murray for the adolescent Mrs. A the mother Mr. B the father Date of hearing: February 19, 2018