2019 QCCQ 17814, 2019 QCCQ 17814

Protection de la jeunesse — 196185 2019 QCCQ 17814 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 614-41-000426-199 614-41-000427-197 614-41-000428-195 DATE: May 22, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and X, born on […], 2017 Y, born on […], 2011 Z, born on […], 2013 Children and A, residing and domiciled at […] Mother and B, residing and domiciled at […] Father ______________________________________________________________________ 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 A (the Director) submits three motions asking that the security and development of Y, 8 years old, Z, 6 years old and X, 2 years old, be declared in danger in regards of sections 38

b) iii and

c) of the Youth Protection Act (YPA). [ 2 ] At the hearing, the parents are present and represented by Me Antoine Meunier for the mother and Me Michel Grenier for the father.

Me Marie-Josée Ayoub represents the children and Me Magdalena Lempicka, the applicant. [ 3 ] The parents admits most of the allegations and agree with the recommendations done by the social worker in her report. [ 4 ] It is proved that the parents have problems with alcohol and drug abuse, have an unstable and violent relationship. [ 5 ] At the end of January 2019, a physical altercation occurred between the parents and meanwhile the mother stabbed the father. Both of them were intoxicated and they do not have recollection of the incident.

The police intervened and the father was medivaced to City A where he stayed few days. The children were present during the altercation. [ 6 ] The parents separated then. On February 1, they signed provisional measures and the children were entrusted to a foster home until March 3, 2019. The provisional agreement was renewed for another 30 days. [ 7 ] The parents remained separated for a while but have resumed their relationship.

The father decided not to press charges against the mother. [ 8 ] At the end of March, the mother admitted that the father stole money from her. [ 9 ] The parents have not taken any measures to deal with their personal issues of alcohol consumption and conjugal violence. The mother intends to attend a treatment in City B in June. [ 10 ] During a children’s visit last April 6 and 7, 2019, the parents went out drinking and requested that the foster mother took care of them. [ 11 ] Considering the serious issues of the parents with alcohol and violence;

[ 12 ] Considering that the children witnessed regularly their misbehaviours; [ 13 ] Considering that the parents do not provide a stable and secure home to the children; [ 14 ] Considering the traumas of the children who witnessed the serious violent outburst of the mother on the father last January; [ 15 ] The Court declares that the security and development of the children are in danger in regards of

section 38 b) 2 o and

c) of the YPA. [ 16 ] For the applicable measures, the applicant recommends that the children be placed in foster family for one year. The foster parents being the paternal grandparents for Y and Z and the maternal grandparents for X. [ 17 ] The parents agree with the measures and declare that they are ready and motivated to attend therapies. The children need to be in a secure and stable environment.

They must not be in presence of their parents under influence of alcohol and drugs. [ 18 ] The focus of the intervention must be on the children well-being because they still have fears and scars of the incident they witnessed. The parents must proved that they are trustable and in process of treatment before allowing them week-ends with the children. FOR THOSE MOTIVES, THE COURT: [ 19 ] GRANTS the motions; [ 20 ] DECLARES that the security and development of Y, Z and X are in danger in regards of

section 38 b) 2 o and

c) of the YPA; [ 21 ] ORDERS their placement in foster family for one year; [ 22 ] ORDERS the Director to supervise the visits of the parents with the children as for frequency, duration, location and presence of a third party; [ 23 ] ORDERS the parents to attend therapies for their alcohol and drug issues, their violent marital relationship and other personal issues (including anger management); [ 24 ] ORDERS that the children, particularly the two oldest, receive psychological follow-ups after being evaluated and if it is required by the psychologist; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the children and the parents for one year; [ 26 ] ORDERS the parents to report periodically to the Director on the measures they apply to put an end to the present situation; [ 27 ] ORDERS the parents to be sober in presence of the children; [ 28 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed in City C on June 11, 2019 _________________________________ DENYSE LEDUC, J.C.Q. Me Marie-Josée Ayoub Attorney for the children Me Magdalena Lempicka Attorney for the applicant Me Antoine Meunier Attorney for the mother Me Michel Attorney for the father Date of hearing: May 22, 2019