2019 QCCQ 15156, 2019 QCCQ 15156

Protection de la jeunesse — 1911746 2019 QCCQ 15156 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002361-191 640-41-002363-197 640-41-002362-199 DATE : October 8, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2014 Y Born on […], 2017 Z Born on […], 2016 and A B parent s ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 8, 2019. [ 2 ] The Court is seized of an application presented by the Director of youth protection (DYP), requesting that the security and development of those children be declared in danger for neglect on educational needs, specifically poor supervision of the children and for exposure to domestic violence, violence and risk of physical abuse (

section 38 b) 1 iii,

c) and e) 2 of the Youth Protection Act ), as expressed in the motion. [ 3 ] Consequently the Director asks the Court to entrust the children to a foster family, as well as other measures to improve the situation. [ 4 ] The last name of the children was amended to reflect their birth certificates. Question in litigation [ 5 ] Are the security and development of the children compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest?

Context and Analysis [ 6 ] The parents want their children to remain with them, but their collaboration is minimal [ 7 ] The children have witnessed difficulties between their parents (stabbing). [ 8 ] The father is detained and will be out of jail soon. The mother will be detained soon for impaired driving and breach of conditions. [ 9 ] The children are placed in different foster homes: X is with his paternal grandmother, Z with Mrs C and Y in a special foster home.

Both extended families of the parents are helping them. [ 10 ] Since June 2018, immediate protective measures had to be taken three times for X, twice for Z and five times for Y. Emergency foster placements were required five times between August 9, 2018 and July 19, 2019. [ 11 ] It is presently impossible to entrust the children to their parents because mother is facing detention for almost two months, and because her situation must stabilize as well as her conjugal situation.

She will have to learn and improve her parental skills. [ 12 ] Both parents intend to stop drinking because of the children. [ 13 ] The Court think that the parents are able to take care of their children when they visit and that they will be able to do the same in a near future but permanently. [ 14 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the children X, Z AND Y are compromised under

section 38 b)1)(iii),

c) and e) 2 ; [ 17 ] ORDERS that the children be entrusted to a foster family with the possibility of reintegration with the parents as soon as the situation allows it; [ 18 ] ORDERS that the parents remain sober and without any violent behavior in the presence of the children; [ 19 ] RECOMMENDS that the parents seek help through social services concerning their alcohol addiction, their parental skills and personal issues; [ 20 ] ORDERS that the contacts between the children and the parents be determined by the Director of the Youth Protection as to the modalities, the frequency and the degree of supervision with a minimum contact of three (3) times a week except during the detention period of the mother, while which DYP shall arrange contacts; [ 21 ] ORDERS that the parents report periodically to the director on the measures they apply in their own regard to put an end to the situation; [ 22 ] ORDERS that the parents to take an active

part in the application of measures designed to put an end to the situation; [ 23 ] ORDERS that the parents report in person, at regular intervals, to the Director, to inform him of the current situation; [ 24 ] ORDERS that a person working for an institution or a body provides aid, counsel and assistances to the children and their family; [ 25 ] ENTRUSTS the situation of the children to the DYP who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present decision by any peace officer. THE WHOLE until October 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam

Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the children Mtre Angèle Tommasel Counsel for the father Mtre Éliane Villemur Counsel for the mother