2017 QCCQ 704, 2017 QCCQ 704

Protection de la jeunesse — 1742 2017 QCCQ 704 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division Nos.: 614-41-000159-162 and 614-41-000160-160 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2004 Y, born on […], 2005 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, detained Father ______________________________________________________________________ JUDGMENT (Sections 38 and 91 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 the A Board of Health and Social Services A submits to the Court two motions asking that the security and development of X, 12 years old, and Y, 11 years old, are in danger because their parents fail to provide them the appropriate supervision or support or fail to take the necessary steps to provide the children with schooling and the serious risk that the parents do not provide them the basic needs (section 38 (b) (1) iii. and

(2) Y.P.A.). [ 2 ] At the hearing, the children and the mother are present, assisted by Me Yan Massé and Me Michel Grenier. Me Myriam Gaudreault represents the father who is detained until December 26, 2016.

Me Gabriel Gaudreault assists the applicant. [ 3 ] The mother admits most of the allegations and acknowledges the compromising of her children. [ 4 ] The father only admits that the mother has longstanding alcohol consumption issues and ignores all the other facts. [ 5 ] The evidence is completed with the testimony of the social worker. [ 6 ] It is proved that the mother drink on a daily basis and that the children are exposed to the mother’s drinking habit and the one of her boyfriend. [ 7 ] Last March 2016, her car was seized by the police because she wanted to drive while being intoxicated. [ 8 ] Because of her serious drinking problem, the mother neglect the basic needs of the children.

They are often left alone and they have to cook and to feed themselves. [ 9 ] In August 2016, the children went to seek help from relatives. They were crying and hungry.

They were neglected by their mother. [ 10 ] On August 6, 2016, the children stated that their mother had been drinking for few consecutive days and they denounced the situation to the social worker. [ 11 ] On August 9, 2016, they were entrusted to the care of their maternal uncle, Mr C, and on August 18, a provisional agreement was signed. [ 12 ] Since, the social worker tried on many occasions to meet the mother and to organise a treatment plan, but she failed. The mother is not available.

[ 13 ] The father is not involved in the children’s life. [ 14 ] After declaring the security and development of the children in danger for the alleged motives, the Court proceeds to the applicable measures inquiry. Social reports are filed. [ 15 ] The social worker recommends that Y be entrusted to the foster home of his uncle for six months and that X be entrusted to the foster home of Mrs D. [ 16 ] All the parties agree with those measures. [ 17 ] The child Y is doing well at his uncle’s foster home. He appreciates his daily routine. [ 18 ] X is also well structured in her foster family.

She attends school regularly and helps around with her youngest sister who also lives there. The children said that they feel safer with their respective foster family. [ 19 ] The social worker expects that the mother attend treatment and therapies for her personal issues. The mother agrees to collaborate now.

CONSEQUENTLY, THE COURT: [ 20 ] DECLARES the security and development of X and Y in danger; [ 21 ] ORDERS the placement of the children X and Y in foster families for six months; [ 22 ] RECOMMENDS that X be entrusted to the foster family of Mrs D and that Y be entrusted to the foster family of his uncle, Mrs C; [ 23 ] ORDERS the mother to seek help for her personal issues including substance abuse; [ 24 ] ORDERS the Director of Youth Protection to provide the children all the medical, psychological, social and educational services that they need; [ 25 ] ORDERS the Director of Youth Protection to supervise the contacts between the children and the parents (frequency, modalities and presence of a third party if deemed necessary); [ 26 ] ORDERS the parents to collaborate actively with the social worker and regularly report their situation to him; [ 27 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the children and the parents for a period of one year; [ 28 ] ORDERS any police officer to collaborate with the execution of the present judgment; [ 29 ] ENTRUSTS the children's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Gabriel Gaudreault Attorney for the applicant Me Michel Grenier Attorney for the mother Me Myriam Gaudreault Attorney for the father Me Yan Massé Attorney for the children Date of hearing: December 8, 2016